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Ibori demands payment to appear in court
•Wants plaintiffs to cover travel expenses of
himself, aides
MALACHY UZENDU, Abuja
EMBATTLED
Gov. James Onanefe Ibori of Delta State yesterday stated the conditions under
which he would appear before the Abuja High Court for the identification trial
to determine the actual James Onanefe Ibori allegedly convicted in 1995 for
criminal negligence and breach of trust.
The governor demanded that the travelling
expenses for himself and his retinue of security details be borne by the
plaintiffs, Messrs. Goodnews Goodman Agbi, an engineer, and Anthony Alabi, a
lawyer.
The governor who gave the conditions
through his leading counsel, Chief Milton Ohwovoriole (SAN), told Justice
Husseini Muktar handling the matter that even though a court summons had been
served on him, the aforementioned issue had not been resolved.
Ibori’s lawyer, apart from dwelling on his
client, also challenged the propriety for inviting all the other witnesses to
give evidence without "first seeking leave of the court as well as stating in
precise terms what they were coming to do in court."
Dispute between Ohwovoriole and Chief Gani
Fawehinmi (SAN), lead counsel to the plaintiffs who are chieftains of the
Peoples Democratic Party (PDP), who had instituted action to disqualify Ibori as
governor, started early in the day when Chief Fawehinmi wanted to re-examine
Justice Mohammed Awwal Yusuf, the Bwari Upper Area Court judge who had insisted
that the Delta State governor was the person he convicted.
Chief Fewehinmi had asked Justice Yusuf to
read out the contents of the statements he made to the police, Certified True
Copy of which had earlier been tendered by Deputy Commissioner of Police,
Columbus Okaro (head of the legal department of the Force Criminal Investigation
Department (FCID), Alagbon Police Station, Lagos).
Fawehinmi had also asked Yusuf to identify
a suit allegedly filed by one Bala Ngilari a lawyer, whom Justice Yusuf had
claimed linked him to Ibori for favours in respect to the suit, but whom he
advised to file a civil action at the Bwari court.
Chief Ohwovoriole put up strident
objections to the certified true copy of the latter Bwari court suit instituted
by Ibori, an objection upheld by presiding Justice Muktar.
Another sour point between the two legal
luminaries came when Chief Fawehinmi sought to invite the Chief Judge of the
Federal Capital Territory (FCT), Justice Mohammed Lawal Gunmi, to give his
evidence.
Fawehinmi who explained he had obtained
court summons from Justice Muktar so that Justice Gunmi could tender certified
copies of the official report he submitted to the Chief Justice of Nigeria,
Justice Lawal Uwais, pertaining to the Ibori debacle, was interrupted by Chief
Ohwovoriole, who also argued that proper procedure had not been followed by
Chief Fawehinmi in obtaining the court summonses.
Fawehinmi had said he had caused such
summonses to be issued to Chief Ibori himself, the CJ (FCT), the
Director-General (DG), State Security Services (SSS), DG, National Population
Commission (NPC), Independent National Electoral Commission (INEC) Chairman,
Chief Abel Guobadia, and Justice Yusuf, wondering why Chief Ohwovoriole
challenged the procedure for obtaining the court summonses.
Ohwovoriole, citing section 229 of the
Evidence Act, said he did not see any proof that leave of the court was obtained
before the court summonses were issued.
Insisting that the claimed legal procedure
be strictly followed, he also contended that the appropriate financial
provisions had not been made to enable Ibori appear in court.
"My Lord, if a witness fails to appear,
there must be proof that the witness was served and appropriate amount to cover
his expenses paid.
"We are all officers of the temple of
justice and we know such summons must state what the witnesses are coming to do.
"Chief Ibori’s name is like a shinning
star. It is known everywhere. His police security has to be paid for. All these
parameters have not been explained. The provisions of section 229 of the
Evidence Act are very clear," Ohuweriole said.
Chief Fawehinmi, who cut in at this point,
wondered why Chief Ohwovoriole failed to refer to the section of the Evidence
Act he referred to when Justice Yusuf mounted the witness box and gave evidence.
Countering the submission, Fawehinmi noted
that the only option that could lead the court out of the quagmire was for
counsel on both sides to fully address the court on the procedure for obtaining
court summons.
He noted that he was confused that his
colleague could rise issues on court summoned especially as such had been duly
obtained and served on the witnesses, some of who had appeared to give evidence.
Justice Yusuf who had earlier ruled on two
other points raised by Chief Ohwovoriole, bordering on the procedure for
embarking on re-examination, adjourned the matter to next Monday when both
counsel are required to address the court on the procedure for obtaining court
summons.
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