ABUJA—STAR witness to Governor James Ibori of Delta State, the Nigeria Police, yesterday stunned the Abuja High Court handling the on-going identification trial ordered by the Supreme Court, saying three crucial documents upon which the case of the governor rests were missing. Missing are the police case file in respect of CR\81\95, the First Information Report (FIR) of September 28, 1995 and the statement of the accused person in CR\81\95.
Besides, the police said they could not trace the interim report authored and submitted by the Inspector-General of Police (IGP) to President Olusegun Obasanjo in respect of an allegation by Governor Ibori that his political adversaries super-imposed his name on a criminal charge with serial number CR\81\95 with a view to ruining him politically.
In the said controversial charge, one James Onanefe Ibori was summarily convicted of a two-count charge of negligent conduct and criminal breach of trust and sentenced to a one-year imprisonment with an option of N1,000 fine. But the governor said it was one Shuaibu Anyebe that was tried, convicted and sentenced for the offences, adding that it was his enemies that super-imposed his names on the charge sheet.
The police, however, produced before the court a final report of their investigation on the allegation by Gov. Ibori that his adversaries super-imposed his names on a charge sheet. The police said the document contains all aspects of the investigation.
The governor’s lawyer told the court that he never asked the police for any final report dated June 7, 2003. According to him, what was subpoenaed was police reply (interim report) dated February 14, 2003 submitted to President Obasanjo in response to an instruction that the police should get to the root of the allegation.
Throughout yesterday’s proceedings which lasted one hour, 49 minutes, Chief Gani Fawehinmi (SAN) kept taunting Governor Ibori's lawyer over the hostility of the star witness, the Police, saying after all, the Nigeria Police was Gov. Ibori’s witness.
His words: “They were fishing. I say they were fishing. Now, they have caught a whale and they were shocked by the final result of their fishing expedition.”
But Chief Paul Ovwhoworiole (SAN), lead attorney to Gov. Ibori, wondered why the police were unwilling to produce the documents they were subpoenaed to tender before the court.
He opened Governor Ibori’s defence with a number of unanswered questions. His words: “We have asked the police to produce certain documents. We have made strenuous efforts to get these documents produced but we have not been given an opportunity to see these documents.
“It appears a senior police officer is in this court. The police representative will tell the court why he has not produced the document,” where upon the court asked for the whereabouts of the senior police officer.
The senior police officer, a Deputy Commissioner of Police, Mr Columbus Okaro, then stepped out of the gallery to explain that the subpoena issued on the police was to produce documents, saying: “I have some documents here with me. I have the statements of all the accused persons which the police investigated in respect of the petition by Governor Ibori. I have a copy of the petition by the governor addressed to President Obasanjo and copied to the Inspector-General of Police (IGP) dated January 27 and I have police final investigation report on the matter dated June 7, 2003.”
Chief Ohvowhoriole told the court that the defence did not subpoena any final report and that all they asked for was the reply of the IG to President Obasanjo dated February 14, 2003 and not a final report dated June 7. Chief Fawehinmi interrupting said: “Yes, they have provided the final report, an all encompassing one.”
Chief Ohvowhoriole would not take that and said: “My lord, they have closed their case. They cannot guillotine us. They cannot tell us how to conduct our case. We did not ask for any final report dated June 7. If they want that report, they can subpoena it.” Chief Fawehinmi said: “The final report indicted Ibori. It indicted him.”
Responding to the raging controversy, the police representative said he could not lay his hand on the said reply but explained that the reply was just an interim report which was contained in the final report.
But when the court asked him if there existed at all any reply (interim report), DCP Okaro said: “What is meant by reply is the same as the police report,” to which Chief Ohvowhoriole responded thus: “The police are hiding documents.”
Chief Fawehinmi took exception to the language of the lead defence counsel, saying he could not say that the police were lying. Chief Ohviowhoriole replied: “I have not said that the police were lying. Chief Fawehinmi is looking for headlines tomorrow. The plaintiffs gave the police instruction not to produce these documents.”
Although the court said the police could not be forced to produce documents, the defence demanded that the court should get clear the number of documents the police were asked to produce and those brought to court yesterday so that the plaintiffs would not get agitated.
Okaro listed the documents as “police case-file in CR\81\95 which is not here; FIR dated September 28, 1995; the statement of the accused person in CR\81\95; a copy of the petition by Governor Ibori to President Obasanjo dated January 7, 2003; reply of the Inspector-General of Police to President Obasanjo on the petition which I do not have here” to which Chief Ohvowhoriole responded: “Speak the truth. You know you are a lawyer. Your integrity must be sacrosanct.”
Okaro continued: “Others include the cause list of the criminal record of Upper Area Court of Bwari which I do not have here too, being court document; the case diary for 1995 which I do not have and all the statements made by the accused persons in the matter.”
The defence made it clear that of the eight documents requested by them, only two were produced but the police claimed that they produced three including the police final report on the petition authored by Gov. Ibori.
The court asked the police to state if the documents requested by the defence did not exist, adding that if they existed, the police must produce them. Asked if he could produce the documents later yesterday or this morning especially the interim report, Okaro said: “I cannot promise. But I will go back and search for it. But can I drop the ones with me before I go?” to which the court agreed. The defence, however, did not allow the police to drop the final report they brought to court even as the police were ordered to produce other documents this morning.
Although Okaro asked for a longer time (48 hours) to look for the remaining documents, the court directed him to go and produce them this morning to which Okaro said: “If by tomorrow(today), we find it, I will come.”
Immediately the court handed down the order on the police to produce the documents this morning, the defence asked for permission to go through the ones already brought by the police to enable it use it to conduct its case. The request was granted. The defence also asked for an adjournment till this morning to enable the police produce other documents which it said were vital to the opening of its case. But Chief Fawehinmi objected to the adjournment on the following grounds:
•the witness (police) was only asked to produce documents. There is another subpoena served on the IGP to come and testify. We will like to know whether they are abandoning that subpoena and why they do not call the IGP as their witness now;
•they have applied for subpoena on other witnesses including Mr Ngilari who is a lawyer. Ngilari is in Abuja here, in the House of Representatives. I wonder why Ngilari is not called to testify in this case. We want to know. I understand that subpoena has been issued on Ngilari to testify in this case. Where is he? Let him come and testify so that he can be cross-examined. Where are the other witnesses? Where are they? Where is Yau? Where is Sunday Musa?
•My lord, adjournment is not granted on flimsy grounds. We cannot adjourn because the documents are not brought. Let us even leave the subpoena alone. What about the two documents already provided? What do they want to do with them? You don’t just issue subpoena. You don’t just ask for subpoena on flimsy grounds. It would have been a different thing if they had told the court that they were relying on the documents. Granting adjournment does not serve the interest of justice in this matter,” he said.
He added: “They were fishing. They have now caught a whale and they were shocked by the final result of their fishing expedition." The defence, however, insisted that the principle of natural justice dictates that they should be given a fair hearing, saying after all, the prosecution spent two weeks to push it.
Chief Ohvowhoriole shouted: “They cannot stampede us. Today is the first day of our defence. By the way, where are the faceless plaintiffs in this case? Where are they? I shout, where are they? The documents yet to be produced are vital for the take off of our case. We will be asking for an adjournment,” he added. The court granted the adjournment in the interest of justice even as it directed the police to produce the remaining documents.
proceedings over, both parties granted interviews to reporters. It was the Delta State Attorney-General, Prof. Amos Utuama, who spoke to newsmen first: “The police final report is a document produced overnight during the pendency of this action. They doctored it. A document prepared during the pendency of a suit has no probative value. It cannot stand the test of time.
“And in any case, we did not subpoena it. The one we asked them to produce, they are suppressing it because there is a power of conspiracy to undo the governor. But any force that attempts the powers of God will be destroyed,” he added.
Chief Fawehinmi said the police report (interim report) which the defence asked for “will not add anything to the final report. On our part, we do not need to add anything to what the chief judge of the Abuja High Court has already found. The report is not going to add anything to what Justice Awwal Yusuf hasd already said before the court. Rather, the report will only embellish what Justice Yusuf has already said. The final report will strengthen the testimony and report of Justice Gummi so that Gov. Ibori is nailed on the head, nailed on the foot, nailed at the right, nailed in the chest, nailed on the brain. Finish,” to which the mammoth crowd that gathered to listen to him erupted in a thunderous “eh, eh, eh, eh.”
But Mr Magnus Onyibe, Delta State Commissioner for Information, cautioned on the attitude of the police, saying: “We should realise that the whole world is watching us. This is ridiculous.”
To Dr Alex Izinyon (SAN) who is on the defence team of Gov Ibori, “police are dragging their feet to produce documents. They should come and tell the court why they should not produce these documents sought. It is not fair.”
