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Ibori: Appeal Court Fixes Hearing March 9
From Lillian Okenwa in Abuja�, 12.17.2004
Hearing on the appeal challenging an Abuja High Court's decision that Governor James Onanefe Ibori of Delta State was not the person convicted by a Bwari Upper Area Court on September 28, 1995, has been fixed for March 9, 2005, by the Abuja Division of the Court of Appeal. The appellants, Messrs. Goodnews Agbi and Anthony Alabi had gone to the Appellate Court asking it to set aside the High Court's, judgment. The hearing date was fixed when the appeal came up for mention yesterday. Agbi and Alabi in the notice of appeal filed by their lawyer, Chief Gani Fawehinmi, SAN, said they are appealing against the entire judgment delivered by Justice Hussein Mukhtar on November 8. Part of the issues raised in the nine grounds of appeal are that "the learned trial judge misdirected himself in law when he said as follows; Whereas in this case, an issue of commission of criminal offences of negligent conduct and criminal breach of trust forms the factor directly responsible for the status and fate of the 4th defendant (Ibori) as to whether the person so convicted was the 4th defendant or not, the commission of such offences for which there was already a conviction comes directly into issue and the provision of section 138(1) of the Evidence Act becomes operative. The standard of proof being beyond reasonable doubt has not been met where there is not only a reasonable but in fact a very serious doubt raised by the material contradictions and inconsistencies in the evidence of PW1 and Exhibits C and D (Bwari Upper Area Court, Judge, Report of FCT Chief Judge and the Police Report).�
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