Twist as Judge Says He Convicted Ibori
Could not identify bribe facilitator
From From Josephine Lohor and Lilian Okenwa in Abuja
Mohammed Auwal Yusuf, the judge who allegedly convicted one James Onanefe Ibori at a Bwari Upper Area Court in the Federal Capital Territory in 1995 yesterday told an Abuja High Court that the Ibori he convicted in 1995 is now the present Governor of Delta State.
Yusuf who alleged that Ibori tried to bribe him could not identify Delta State Attorney General who he said was one of the two people present when he met Ibori and was offered bribe by the governor.
Led in evidence by Chief Gani Fawehinmi (SAN), at the resumed hearing of the suit filed by two members of the Peoples Democratic Party (PDP), Mr. Goodnews Agbi and Mr. Anthony Alabi challenging Ibori's eligibility to vie for the position of governor, Yusuf also alleged before a stunned audience that some people working with the governor were plotting to eliminate him and that they have been trailing him.
Earlier, the presiding Judge, Justice Muktar Husseini, had asked Fawehinmi to put Yusuf in the witness box so that the identification trial could commence.
As the proceedings began, Yusuf who disclosed that he is presently a judicial officer in Wuse District of the FCT judiciary gave a detailed account of how the conviction took place and what subsequently happened.
Yusuf who said the conviction took place on a Thursday further revealed that the governor offered to give him 10 million in any currency of his choice if he could save him from the embarrassment.
At this point one of Ibori's lawyers, Alex Izinyon, (SAN), protested that the statement on the document pleaded by Fawehinmi was, "I will make you a millionaire" and not " I will give you 10 million in any currency of your choice" as Yusuf stated.
Fawehinmi on his part maintained that even if what was contained in his pleadings is "I will make you a millionaire", the judge's assertion that Ibori promised to "give him 10 million in any currency of his choice" is only qualifying the promise to make him a millionaire. His argument was accepted by the court.
"I had on schedule at the Bwari Upper Area Court 16 cases; 14 civil and 2 criminal. Around 3.00 p.m., Corporal Musa Sunday, the prosecutor brought six First Information Reports (FIR) in which one Chief James Onanefe Ibori of Delta State was one of them.
"Among those six FIR presented before me, five of the accused persons pleaded guilty and were summarily convicted except one Monica Lewinsky who pleaded not guilty and was granted bail, while her matter was adjourned.
"Among the five convicted include Chief James Onanefe Ibori. The Upper Area Court is in possession of the duplicate of the summary trial and conviction under Section 157 of the Criminal Procedure Code.
"As soon as he pleaded guilty, I convicted him to six months imprisonment on each count of criminal negligence and criminal breach of trust or he paid a total fine of N10,000, which he paid."
Explaining how the governor tried to bribe him, Yusuf said that after he had been transferred to Wuse, he was in his chambers at the Upper Area Court, Wuse on January 21 last year when one Barrister Bala Ngilari, now a member of the House of Representatives, "came to see me around 9.00 a.m. and requested if I could see one Chief James Onanefe Ibori."
"He said he was sent to me by General Sabo to assist on that matter. I and Bala Ngilari drove to Delta State Governor's lodge, Asokoro, Abuja. When we got there, I was led in by the Attorney General (AG) of Delta State who introduced himself. He is one short man with medicated glasses."
However, when Fawehinmi asked him if he could recognise the Delta State Attorney General, he said yes. When asked if the Attorney General was in the court room, Yusuf said no. The AG was, however, in court.
"After five minutes, somebody in white shirt came to meet us in the sitting room and he was introduced to me as the Governor of Delta State, Chief James Onanefe Ibori. We sat down and discussed. The AG asked me whether I recognized the governor and I said, yes. He said, can I remember whether I convicted him, I was quiet. I then said, did you call me here to interrogate me or what am I here for?
"The governor then said that there is a problem about the conviction and he wanted my assistance. I told him I have nothing to do with the 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 whether he is the person convicted. Bala Ngilari promised to file the suit at the Bwari Upper Area Court.
"After the AG and Bala left I and the governor alone, he said: 'Judge, if you save me out of this matter, I will make you rich. I will give you 10 million in any currency of your choice.'
"Bala Ngilari filed his civil case at the Upper Area Court in the name of the governor, inviting myself, Commissioner of Police, Prosecutor and Registrar," he said.
Yusuf added that sequel to media publications on the matter, the Chief Judge of the FCT, Justice Lawal Gumi, conducted investigation to verify the fact. At this point, Fawehinmi asked if he made any contribution to the investigation and he said he did.
In the cause of his being cross-examined by Ibori's lead counsel, Chief Milton Paul Ohwovoriole, SAN, Yusuf named one Shuaibu Anyebe as one of the persons who stood trial on that fateful day. He added that when the Divisional Police Officer from Bwari wanted to withdraw the case against Ibori, he (Yusuf) told him the matter had gone beyond his powers to do so.
At some point there seemed to be a contradiction in the suit number of the Bwari case but the judge maintained that even if there are contradictions in the suit number, he was sure the person he convicted is the present governor of Delta State.
"The record speaks for itself. The discussion between me and the governor was one on one. I advised Ngilari to file a civil suit for the purpose of clarification of who was convicted. I have no doubt in my mind that it was James Onanefe Ibori. He was convicted on charge no: Cr 81/95. I know Ngilari. I did not give evidence in respect of the suit filed by Ngilari. The record is with the CJ (Chief Judge). I want the order of the court to subpoena the record of the proceedings for that day," said Yusuf.
One of the lawyers in court, Chief Andrew Oru at a point alleged that Prof. G.G. Darah, one of the governor's aides, had said "Gani must go with this case."
"I am siting next to G.G. Darah and in the cause of the proceeding he said 'Gani must go with this case'. I turned to him and said that I have respect for him and that I am involved in this case and if you can threaten Gani, I am also threatened," he said.
This was taken up by Fawehinmi who on bringing the matter to the notice of the court pleaded that Darah be called to order.
When Darah was called to explain himself, he denied making the alleged statement.
"I never said anything that Gani will go with the case. Gani can testify that I have immense respect for him. When the University of Ife honoured him, I was the one who drafted his citation. In that citation, I publicly declared that he is one of the most important icons of law and jurisprudence in Africa and courageous defender of the weak and oppressed.
"I compared him to Fidel Castro and ...I stand by that citation I read for Gani. I will never threaten him," he said.
Thereafter, the presiding judge adjourned the matter till Monday, July 5 when the certified true copy of the proceedings of the Bwari Upper Area Court would be used by Ibori's lawyer to continue his cross-examination.
The Director General of the State Security Services (SSS), Col. Kayode Are (retired) and the FCT Chief Judge are amongst those expected to testify in trial.
Meanwhile, Delta State Government, yesterday in Abuja, applauded the speedy manner which the trial aimed at uncovering the person who was actually tried and convicted by the Bwari Upper Area Court on September 28, 1995 has proceeded.
The Delta State Commissioner for Information, Mr. Magnus Onyibe, told newsmen shortly after
Yesterday's sitting that the government was indeed encouraged by this development because "what is going on now is what the governor has been praying for from day one. That the people who falsified figures and numbers, court records be arrested and indicted."
Onyibe added that "they (those who falsified) were arrested and were freed and later the case took a new dimension and went round for one year before the Supreme Court asked us to go back to square one which is where we are now. That is to identify the person that was convicted."
He said "what is happening now (speedy trial) is what Chief Ibori has been asking for", Onyibe added that the suit had in no way affected the administration of the state which is poised to provide the dividends of democracy to the people.
He also stated that "we pray that this thing would be resolved so that the general public, Nigerians, who pay tax would not go through the pain of spending their money on issues that would have been resolved a long time ago."
Agbi and Alabi had tried to stop Ibori from contesting last year's election on the grounds that the Delta governor was convicted in 1995 by the Bwari Upper Area Court for theft.
Ibori denied being convicted, alleging that the court papers the applicants tendered were forged. However, an Abuja High Court had ruled that a James Onanefe Ibori was sentenced but not convicted. The Appeal Court, however, ruled that an Ibori was convicted and ordered a retrial to determine the identity of the person convicted, an order affirmed by the Supreme Court.
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