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B N W: Biafra Nigeria World News |
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Ibori opposes invitation of FCT Chief Judge as witness:� I�m appalled that the plaintiffs� right is being contested, says Ganijoseph nwankwo, abujaDELTA State Governor, Chief James Onanefe Ibori, on Tuesday at an Abuja High Court, objected to the calling of Chief Judge of Federal Capital Territory (FCT), Justice Lawal Gumi, as a witness in the on-going case to unmask the James Onanefe Ibori who was convicted in 1995 by a Bwari Upper Area court. In the objection raised by his lead counsel, Chief Milton Ohwovoriole (SAN), Ibori claimed that Gumi could not be called as a witness unless by the permission of the court. Justice Hussein Mukhtar consequently adjourned the case to July 19 and20 for the opposing lawyers to address him on the desirability or otherwise of section 229 of the Evidence Act in summoning the chief judge as a witness. �In view of the nature of the subpoena on the Chief Judge to tender documents and testify it is essential to invite the senior counsel to make submissions on the subpoena on the chief Judge so that the court can make specific pronouncement on the matter,� the judge held. Ohwovoriole leading Dr. Alex Iziyon (SAN) Mr. Tokunbo Williams (SAN) and DeltaState Attorney-General, and Commissioner for Justice, Professor Amos Utuama for Ibori had objected to the calling of Gumi as witness for the prosecution. He argued that the leave of the court must be obtained before a subpoena is issued on the chief Judge, while it must be ascertained that his evidence was needed by the court relying on section 229 of the Evidence Act. Responding, Chief Gani Fawehinmi (SAN) counsel to goodnews Agbi and Anthony Alabi, who are contending that the governor is the same person as the convicted James Onanefe Ibori, expressed shock over the objection, saying that he was worried for the nation�s Judiciary Fawehinmi, who led Adindi Ugwuozor for the plaintiffs, said �there was no leave of this court in the subpoena on the Inspector-General of police and it appears I am appalled that a plaintiffs right to call the Chief Judge as a witness is being opposed. I am totally lost with the proceedings of this court. �When the Chief Judge is ready to testify and has accepted to appear before the court, I am to call my witnesses, when the fourth defence counsel (Ohwovoriole) asked for the Inspector General of Police, I did not oppose and no leave of court was obtained and your lordship signed the subpoena, when he asked for the Chief Registrar of this court your lordship signed it,� he added. Chief Fawehinmi (SAN) further submitted that: �It is absurd and totally unheard of that I can not call a witness that could be damaging so the fourth defendant (Ibori), the Chief Judge of the FCT is the only paramount witness of the plaintiffs, after him we will make up our minds on whether to call another witness or to close our case. �Why is the appearance of the Chief Judge being objected to now? Section 229 of the evidence act was not raised in other witnesses, why is it being raised now? In respect to the appearance of the Chief Judge? I am worried about the nation�s judicial system and since the court is not protesting I will not take it lightly because it is fundamental to the judicial system of this country, it is novel and serious to the legal system of this country to be taken lightly� he maintained.� Earlier, the court had in this separate rulings, rejected two documents sought to be tendered by Fawehinmi (SAN) on the grounds that they cannot be tendered through re-examination and directed him to amend his pleading and tender them. Among the documents sought to be tendered are the copies of a suit filed by governor James Onanefe Ibori of Delta state through Bala Ngilari a former member of the Oputa Panel, who is now a member of the House of Representatives purportedly on the advise of the Bwari Upper Area court judge to clear Ibori�s name as being the same with one James Onanefe Ibori of Delta convicted in CR81/92 while the other document, is a certified true copy of the Bwari Upper Court�s a record of proceedings obtained on December 23, 2003, this document according to chief Fawehinmi (SAN) was obtained to clarify the alleged faking of documents against justice Yusuf by the defence counsel. According to him: �they people that typed the court�s record should have typed that the records of the Bwari Upper Area Court of September 28, 1995 was certified on December 23, 2003, we seek to tender this document to remove the ambiguity on the dates of conviction so that the impression is not created that Justice Yusuf signed Ibori�s conviction on December 23, 2003.� Statements of Justice Mohammed Awwal Yusuf brought by the police was also admitted in evidence and marked exhibit E1 and E2, and the Judge was directed by the court to read the said statements he made to the police. Yusuf while reading the statements admitted that he made the said statements under caution and also told the court that he joined the FCT judicial service commission in 1990 noting that he was invited by the Director of Area courts to comment on a case he presided over about seven years ago. He said: �It was on September 28, 1995 when 16 First Information Reports (FIR) was brought, 15 civil cases and one criminal case. On it were the names of James Onanefe Ibori, Shauibu Anyebe and Monica Innocent, all the accused pleaded guilty and were summarily tried and sentenced except Monica Innocent and her case was adjourned to another day. �Later the police district Crime Officer (DCO) came to withdraw the FIR in respect of James Onanefe Ibori and I refused on the grounds that once a matter is finished with, I become functions officio. On my visit to Bwari on January 30, 2003 I discovered that some FIRS were missing and that some pages of the court�s records book were missing,� he added Yusuf stated that he met Bala Ngilari on the influence of Major-General Sabo who later pleaded with him to assist the governor to find how to nullify the conviction of September 28, 1995. According to him: �On the influence of General Sabo, Ngilari came to see me on how to nullify the conviction of James Onanefe Ibori, I later went with him to see governor Ibori who begged me to assist him in getting out of the problem. �I advised him to file a civil suit in the Bwari Upper Area court and invite four people to determine whether he was the one convicted in 1995, I told him to cite the commissioner of police Abuja on the civil matter� he added. Chief Gani Fawehinmi (SAN) during his re-examination of the witness sought to know if his advise to the governor Ibori during their meeting alone was followed to which he said that a suit was filed by Ngilari on behalf of Ibori, at this stage, the senior Advocate of Nigeria sought to tender the documents as it relates to the civil suit. In the said suit with number CR101 between James Onanefe Ibori and Commissioner of Police, he averred that the plaintiff in the suit is the current Delta State governor having been duly elected as such in 1999 under the platform of the peoples Democratic Party (PDP). Other particulars of the suit are: · The defendant is the commissioner of police in charge of the FCT, within the Jurisdiction of this honourable court vested with the powers of criminal prosecution before upper area courts · The plaintiff states that on September 28, 1999, 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/81/95 for the offences of negligent conduct and criminal breach of trust contrary to section 312 and 196 of the panel code. · The plaintiff avers that the Wednesday, July 14, 2004 |
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