Parties in Ibori's case disagree over subpoena on Abuja Chief Judge
From Emmanuel Onwubiko, Abuja
DISAGREEMENT over the need to summon Federal Capital Territory (FCT) Chief Judge, Lawal Gummi, to appear as a relevant witness, yesterday dogged the suit on the ex-convict allegation against Delta State Governor James Ibori.
Ibori's legal team headed by Chief Milton Paul Ohwovoriole (SAN) opposed the subpoena already served on the Chief Judge by the Abuja High Court at the instance of Chief Gani Fawehinmi (SAN), the plaintiffs' chief counsel.
Ibori's chief counsel told the court that Fawehinmi did not comply with the relevant provisions enshrined in the Evidence Act before issuing the subpoena on the Chief Judge.
But Fawehinmi accused Ibori's legal team of trying to conceal a very sensitive revelation that will be made by the Chief Judge on whether the one James Onanefe Ibori that was convicted by a Bwari Upper Area Court on September 28, 1995 headed then by Magistrate Awwal Yusuf is the current gov`ernor of Delta State.
The plaintiffs are Dr. Goodnews Agbi and Anthony Alabi of the People's Democratic Party (PDP) to which Governor Ibori also belongs.
Fawehinmi who said that the opposition to the invitation of the Chief Judge being mounted by Ibori's counsel was unfair and unjust told the court headed by Justice Husseni Muktar that Justice Gummi was the "most important and relevant witness" of the plaintiffs to show that the governor is an ex-convict as alleged.
Fawehinmi said: "My Lord, the subpoena served on the Inspector-General of Police, Mr. Tafa Balogun, by the fourth defendant, Governor Ibori, did not come with an application, leave or motion. I am astounded that a defendant, Ibori, is opposed to our calling a witness to show that he was indeed convicted on September 28, 1995. My Lord, I am lost in these proceedings. It is strange and unjust."
Ohwovoriole had earlier opposed the bid by Fawehinmi to let the Chief Judge who was not in court at yesterday's session to be cross-examined as a witness.
He said: "On the issue of subpoena on witnesses, Section 229 of Evidence Act says that the court will only allow for such witnesses if it is satisfied that the testimony of the witness is relevant.
Justice Muktar, however, asked the parties to address him on the need to summon the chief judge to appear as a witness or not next Monday and Tuesday.
Mutkar said: "I want all of you to address me on the issue of the subpoena on the honourable chief judge of Abuja to appear as a witness."
Fawehinmi, who apparently was not pleased with the turn of events, said: "The issue that worries me is the legal system that we are building for this nation. We issued a subpoena on the Chief Judge and he has expressed his willingness to appear by not returning the subpoena and my learned friend is opposing his appearance. I am prepared to address the court on it."
The governor's lawyers also agreed to address the court on the issue.
After the last round of cross-examination and re-examination, the principal witness of the plaintiffs, Alhaji Awwal Yusuf, was asked by the judge to stand down to await possible recall by any of the legal teams in the case.
Before he was asked out of the witness rostrum, parties in the suit also seriously disagreed on the desirability or otherwise of tendering a court process said to have been filed by Ibori on the advice of Alhaji Awwal Yusuf.
The advice was given to Ibori by Yusuf during their alleged meeting at the Delta State Governor's Lodge in January 2003 at the instance of Mr. Bala Ngilari, Ibori's lawyer then, but now a member of the House of Representatives.
The judge at yesterday's court session said although the document was admissible, he faulted the strategy adopted by Fawehinmi in seeking to tender it during re-examination.
Fawehinmi then told the court to properly document the ruling on the admissibility of the document or otherwise and pledged to make another move to tender it.
In his evidence- in-chief, Alhaji Awwal Yusuf had told the court that when he met with Ibori on January 23, 2003 in the Governor's Lodge in Asokoro, Abuja, last year, the Delta State helmsman appealed to him to help solve the ex-convict saga. Yusuf said he advised Ibori to institute a suit at the Bwari Upper Area Court to clarify whether the governor was the ex-convict.
Ibori, in the court process he filed against Commissioner of Police at the Upper Area Court, Bwari, averred thus: "The plaintiff, Chief James Onanefe Ibori, states that on September 28, 1995, the defendant herein commenced criminal proceedings before the Upper Area Court, Bwari, presided over by Alhaji Mohammed Awwal Yusuf as Judge and Mr. Kuku Fajemi as member against one James Onanefe Ibori (not the plaintiff herein) in case number CR 81, 98 for the offences of negligent conduct and criminal breach of trust contrary to Section 312 and 196 of the Penal Code."
The suit instituted on behalf of Ibori by Ngilari was dated January 23, 2003.
In the court process which was not admitted because of inappropriate timing, Governor Ibori had prayed the Bwari Upper Area Court to make a declaration that the criminal proceedings of the Upper Area Court Bwari in case number CR/81/95 between the Commissioner of Police and one James Onanefe Ibori dated the 28th September 1995 did not and does not in anyway whatsoever relate to the plaintiff herein as alleged or at all by virtue of the fact that the plaintiff herein has never appeared before the Upper Area Court Bwari in relation to any proceedings whether civil or criminal before, up to and including the 28th September 1995 and as such can not be the person said to have been arraigned and sentenced before the said court on the said date.
At the session yesterday, the court admitted certified true copies of statements made to the police on February 7th and 10th 2003 by Alhaji Awwal Yusuf regarding who was convicted on September 28, 1995.
On the two statements tendered at the instance of Ibori's legal team, the principal witness maintained that it was the current Governor of Delta State that he convicted on September 28, 1995 of negligence and criminal breach of trust.
But the witness was faulted on one ground when he said during cross-examination previously that he did not make the statements to the police under caution, but when he read his two statements, it was discovered he made them under police caution.
The PDP's lawyer, Mr. J.C. Obialor, had also argued against the subpoena on the Abuja chief judge and Fawehinmi's application for the tendering of the document. "By law 198 (3) of Evidence Act, they (plaintiffs) are confined strictly to questions that arose at the cross-examination. I urge the court to reject the document," Obialor said.
Before Yusuf was asked to stand down from the witness box, Ohwovoriole conducted a cross-examination thus:
You told the court that you made two statements to the police but not under caution
Yes.
I put it to you those two statements, were made under caution
Yes.
You have changed your statement now.
The two statements made by the principal witness showed that he told the police that he convicted the governor but Ibori's lawyer disagreed and accused Mr. Awwal of forgery.
