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I convicted Governor Ibori � Former Area Court judge
Tobi Soniyi, Abuja
The former presiding judge of Upper Area Court in Bwari, Abuja, Alhaji Awal Yusuf, on Wednesday said he convicted the present Governor of Delta State, Chief James Onanefe Ibori, for negligent conduct and criminal breach of trust on September 28, 1995.
Testifying before an Abuja High Court, Yusuf also alleged that his life and that of all members of his family had been in danger in the past two years because of the case.
The retired judge who equally alleged that the governor promised to make him a millionaire if he assisted in bailing him out of the �trouble,� therefore, sought the court�s protection for himself and members of his family.
Below are excerpts of the examination-in-chief of Yusuf by Chief Gani Fawehinmi:
�I was the presiding judge of the Upper Area Court on September 28, 1995. I had in my schedule, 16 cases. Fourteen were civil matters, two were criminal matters.
�Around 3pm, Corporal Musa Sunday, the prosecutor brought six first information report, among which James Onanefe Ibori was one of them.
�Among the six FIR before me, five of the accused persons pleaded guilty and were summarily convicted according to the sections of the law. Except Monica who pleaded not guilty and was given bail and her matter adjourned to another date.
�Among the five convicted people is James Onanefe Ibori.
�He was convicted of negligent and criminal breach of court.
�I imposed a fine of N500 for the first count charge and a total of N1000 or six months imprisonment.
�On January 21, 2003, I had cause to meet his Excellency the Governor of Delta State.
�On that day, I was in my court when one Barrister Bala Ngilari, now a member of the National Assembly, visited me around 9 a.m.
�He asked me if I would be able to see one James Onanefe Ibori. Bala Ngilari was sent to me by General Sabo for assistance in that matter.
�I and Bala Ngilari drove to the Delta State Government Liaison Office in Asokoro, Abuja. I was led in by the Attorney-General of Delta State, one short man in medicated glasses (laughter). After five minutes, somebody in a white shirt came to meet us at the sitting room and that person was introduced as the Governor of Delta State, James Onanefe Ibori.
�We sat down and discussed. The AG asked me whether I would recognise the governor.
I said yes. He said can I remember whether I ever convicted him, I kept quiet.
�I then asked him whether he called me there to interrogate me or what am I here for?
�The governor said that he is in problem. I told him that I had nothing to do with the matter. I advised him to file a civil suit and invite me, the commissioner of police and the prosecutor as well as the registrar to come and identify the person convicted.
�Bala Ngilari promised to file the suit.
�After that, Ngilari and the AG went out and left me with the Governor and the Governor said, �Judge save me out of this problem and I will make you rich. I will give you 10 million in any currency.��
At this stage, counsel to Ibori, Chief Alex Izinyon (SAN), objected to the examination, saying that the plaintiffs in their statement of claims did not plead the issue of money.
Later, Yusuf resumed his evidence.
�Bala Ngilari filed the civil suit in the name of the Governor inviting me, the commissioner of police, prosecutor and the registrar.
�I participated in an investigation instituted by the Chief Judge of Abuja High Court.�
When it was Izinyon�s turn to cross-examine Yusuf, he called Chief Paul Milton Ohwovioriole (SAN) to do so.
During the cross examination, the former presiding judge contradicted himself when asked the charge numbers of the case in question.
It got to a point where the witness was not able to distinguish between the charge number of another case involving Shuaibu Anyebe who he also convicted on the same day.
The witness also became confused as to the identity of the investigation police officer and the prosecutor.
To bail himself out, however, he resulted to the use of �I can not remember.�
In the midst of the confusion, Fawehinmi rose to his assistance.
The cross-examining counsel, however, opposed him.
When asked if he had any doubt as to the identity of the person he actually convicted, he replied; �I have no doubt that I convicted Chief James Onanefe Ibori, the Governor of Delta State. I saw him, I knew him, I convicted him.�
When asked to produce the record of the court proceedings of September 28, 2004, Yusuf said, it had been sent to the Chief Judge of Abuja High Court, Justice Gumi, who ordered investigation into the matter.
At this stage, the parties settled for an adjournment.
But before the court could give an adjournment date, a lawyer, Chief Andrew Oru, whispered something to Fawehinmi.
Fawehnimi consequently drew the court�s attention to what Oru told him.
At this point, the trial Judge asked Oru to tell the court what he heard.
Oru said, �My Lord while the proceeding was going on I heard one of the aides to the Delta State Governor, Professor G.G Darah, saying that Gani must go down with this case.
�Darah made a statement to my hearing that Gani must go down with this case.
�I told him that he (Darah) is someone I respect so much. And that that if he can threaten Gani that means my own life is not safe too because I also filed a case against the Governor.
�I asked him to apologise. In view of the spate of assassinations in this country where the Attorney-General of the Federation, (Chief Bola Ige) was assassinated, this threat should not be taken lightly.�
Darah was asked to come out and in his reaction, he said, �I never said anything like that. I have great respect for Fawehinmi.
�Chief Fawehinmi can testify to that. When the Obafemi Awolowo University honoured him, I was the one who drafted and read his citation.
�In that citation, I said that Gani was one of the greatest lawyers Africa had ever produced.
� I still stand by that statement.�
The trial Judge, Hussein Murkthar, recorded all the proceedings. Governor Ibori was not in court.
But before the court rose, the witness, Yusuf, also told the court that his life and that of his children had been in danger.
He said that as a Muslim, he believed that if he dies, Allah would know about it.
He nevertheless sought the court�s protection for himself and members of his family.
The matter was adjourned to July 5.
The Punch, Thursday, July 1st , 2004
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