| I CONVICTED YOU ...Judge
tells Ibori
I‘m not bothered, says Delta gov
By GODWIN TSA, Abuja
Thursday, July 1, 2004
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•Gov.
James Ibori
Photo:Sun News Publishing |
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Alhaji Awwal Yusuf, a former Judge of Bwari Upper Area Court
stunned an Abuja High Court on Wednesday with the revelation
that he actually convicted Delta State Governor, Chief James
Onanefe Ibori on a two-count charge of negligent conduct and
criminal breach of trust as the identification trial kicked
off.
In a swift response, however, the embattled Delta State governor
said he was not bothered by the trial and would remain focused
in his delivery of democracy dividends to his people.
The matter before the court, according to the directive of
the Supreme Court, is to unravel the identity of a certain
James Onanefe Ibori that was convicted in 1995 by a Bwari
Upper Area Court on charge No. CR/81/95.
In the substantive suit, the plaintiffs, Messrs Goodnews Agbi
and Anthony Alabi questioned the propriety of Chief James
Onanefe Ibori's continued stay in office as the Governor of
Delta State by virtue of his alleged conviction in 1995, by
the Bwari Upper Area Court.
Governor James Ibori has since denied that he ever appeared
before the court, nor was he ever convicted by the said court
on September 28, 1995 on the charges of negligent conduct
and criminal breach of trust or any other charges or offences
at any time as alleged by the plaintiffs.
But testifying before the court Wednesday, Yusuf who was summoned
by the court insisted that it was Governor Ibori that he convicted
in 1995, when he presided over the matter.
His words: "I have no doubt that I convicted Governor
James Onanefe Ibori. I saw him and I recognised him."
He was responding to a question put across to him by Ibori's
counsel, Chief N. P. Ohwovoriole (SAN) during cross examination.
Earlier, the witness who was led in evidence by Chief Gani
Fawehinmi (SAN) counsel to the plaintiffs, told the court
that he was invited to the Delta State Liaison Office, Asokoro,
Abuja, where he met Governor Ibori who offered to make him
a millionaire, if he could assist in the case against him.
Specifically, the former Bwari Upper Area Court Judge, who
is Prosecution Witness I (PWI) in the matter told the court
that Ibori promised to offer him 10 million in any currency
and denomination, adding that it was Bala Ngilari, a member
of the House of Representatives who took him to Governor Ibori.
According to him, "September 25, 1995, was Thursday.
I had on my schedule, 16 cases, 14 were civil matters, while
two were criminal matters. Around 3p.m in the afternoon, Corporal
Musa Sunday, a prosecutor brought six First Information Reports
(FIR) which James Onanefe Ibori of Delta State was one of
them."
Speaking further, he said, "Among the six FIR before
me, five of the accused persons pleaded guilty and were convicted
accordingly, except Monica Lewinsky, a lady who pleaded not
guilty, was granted bail and her matter was adjourned to another
date for hearing.
"Among the five convicted persons was James Onanefe Ibori,
the Upper Area Court has jurisdiction over summary trial and
the conviction was summarily under section 157 of the Criminal
Procedure Code (CPC)," he stated.
Gani: The Supreme Court found that he was convicted of negligent
conduct and criminal breach of trust. Did you impose a fine
on him and did he pay the fine?
Yusuf: I imposed a fine of N500 per count charge or six months
imprisonment on each charge and he paid N1000.00.
Gani: Cast your mind back to January 21, 2003, did you have
any cause to meet James Ibori in Abuja here?
Yusuf: Yes, I was in my court at Wuse when one Barrister Bala
Ngilari, now a member of the House of Representatives visited
me around 9am and requested if I would be able to see one
James Onanefe Ibori. He was sent to me by General Sabo to
assist in the matter, Ngilari and I drove to Delta State government
Lodge, Abuja, at Asokoro. When we went there, I was led into
the sitting room by the Attorney-General of Delta State, one
short man with medicated glasses. So after five minutes, somebody
in white shirt came to me in the parlour and that person was
introduced to me as governor of Delta State, Mr. James Ibori.
We sat down and we discussed. The Attorney General asked me
whether I would be able to recognise the governor, I said
yes. He said can I remember whether I ever convicted him,
I kept quiet. I then said, did you call me here to interrogate
me or what am I here for? The governor said that there was
a problem about the conviction and wanted my assistance. I
told him I have nothing to do with that matter, but advised
him to file a suit at the Upper Area Court, Bwari, and to
invite myself, Commissioner of Police, the prosecutor and
the registrar to come and identify him whether he is the James
Onanefe Ibori that I convicted at the Upper Area Court, Bwari.
Bala Ngilari promised to file the suit on the second day at
the Upper Area Court, Bwari.
After that, the Attorney General and Bala Ngilari went out
and left behind the governor and myself. And the governor
said to me, Judge, if you save me out of this matter, I will
make you rich. I will give you 10 million in any currency
and denomination. Bala Ngilari filed his civil case at Upper
Area Court in the name of the governor, inviting myself, Commissioner
of Police, prosecutor and the registrar.
Gani: After this meeting, did you make any contribution in
the investigation conducted by the Chief Judge of the FCT,
Justice Lawal Gunmi, on the allegation published in Thisday
newspaper of February 13, 2003 which mentioned that a Chief
Registrar falsified records?
Yusuf: Yes, I was invited. The letter was written to me on
February 31, 2003.
At this stage, counsel for Ibori, Chief Ohwovoriole crossed
examined the witness even as his attempts to puncture his
evidence were resisted by the (PWI).
However, the matter has been adjourned at the instance of
Defence Counsel, who requested for the records of proceedings
to ascertain the missing pages (877-887).
Meanwhile both the witness and Chief Gani Fawehinmi have alleged
threat to their lives. According to Yusuf, there had been
some threats to his life for the past two years. The court
said it had taken judicial notice of the threat and requested
that the matter be reported to the security agents.
The matter was adjourned till July 5, 2004.
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