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Ibori faults court summons
Tobi Soniyi, Abuja
Embattled Delta State Governor James Onanefe Ibori on Monday failed to honour a summons by an Abuja High Court in the trial to identify the James Onanefe Ibori that was convicted in 1995 by the Upper Area Court, Bwari for negligent conduct and criminal breach of trust.
Rather, the governor brought an application challenging the subpoena.
Ibori, in a motion on notice filed by a Senior Advocate of Nigeria and one of his lawyers, Chief Alex Izinyon, asked the court to set aside the purported service of the subpoena ad testificadum issued against him on July 5, 2004.
The governor said that the subpoena was issued without the plaintiffs obtaining the leave of court, which was a mandatory condition as provided by Section 229 (1) of the Evidence Act.
The subpoena, which was signed by the trial Judge, Hussein Mukhtar, reads, �You are commanded in the name of the President, Commander-in-Chief of the Armed Forces to attend before this court at High Court no 4 Wuse on Monday, the 12th day of July 2004.�
But as the hearing continued on Monday, the court rejected the statement purportedly authored by the former judge of the Upper Area Court, Mallam Auwal Yusuf, and tendered by the representative of the Inspector-General of Police who was also summoned to produce the said statement as well as any other document relating to the 1995 trial.
The presiding Judge refused admitting the said document on the strength of Chief Gani Fawehinmi�s (SAN) objection to the document�s admissibility since it was not certified.
Ruling on Fawehinmi�s objection, the judge said, �The document having not been certified is defective and therefore not curable despite the mere identification by the witness as his statement.
�The document is therefore not admissible in law since it was not certified. It is hereby rejected.�
Mukhtar therefore ordered the police to return to court on Tuesday (today) with a Certified True Copy of the statement Yusuf.
Earlier, Yusuf under cross-examination by Ibori�s lead Counsel, Chief Milton Ohwovoriole (SAN), reiterated that it was the governor he convicted.
He admitted that the governor�s name was not contained in Exhibit C, which is the Criminal Complaint book.
He said the name was altered otherwise the governor�s name should have been there.
Yusuf however took responsibility for whatever records that were tampered with.
�I take the blame for whatever has happened to portions of the Bwari Upper Area Court records, being at that time in charge as a judge. But it was the hidden crooks who sneaked in and tampered with the records,� he said.
Asked how two individuals were charged to court on the same charge number, same date and same offence for different cases, Yusuf said it was not so originally adding that the alteration by the �hidden crooks� was responsible.
When asked if there was any alteration in p.441 relating to the case in question on September 28, 1995, Yusuf said, �There is exemption not alteration.�
The case continues today.
The Punch, Tuesday July 13, 2004
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