Ibori: Police Fail to Produce IG's Report
From Lillian Okenwa in Abuja
Hearing in the suit to identify, which James Onanefe Ibori was convicted by a Bwari Upper Area Court was adjourned till today because the police failed to produce the report of investigation the Inspector General of Police (IG), Mr. Tafa Balogun, submitted to President Oluse-gun Obasanjo.
Obasanjo had last year directed Balogun to investigate the veracity of the allegation that the Delta State Governor, Chief James Ibori, was convicted in 1995. The IG's report is believed to be favourable to Governor Ibori.
When Ibori opened his defence yesterday, the police, which had been subpoenaed to produce eight vital documents that would be required in the defence, brought three.
Counsel to Ibori, Chief Milton Paul Ohwovoriole (SAN) at the resumed session at a High Court of the Federal Capital Territory (FCT), Abuja presided by Justice Husseini Mukhtar said that his team had unsuccessfully asked the police to produce certain documents.
Thereafter, the representative of the police, Mr. Columbus Okaro, a Deputy Commissio-ner of Police announced that he has some documents. The documents, according to him, are: A copy of the petition written by Governor Ibori to the President on January 27, 2003, copied to the IG and the police Final Investigation Report on the matter dated June 27, 2003.
At this point Ohwovoriole said that was not all he was asked to bring.
Okaro then said he was asked to produce the Police case file number CR 81/95 and the First Investigation Report (FIR) dated September 29, 1995, the cause list of criminal matters at the Bwari Upper Area Court on September 28, 1995, case diary for the year 1995 and statement of the accused persons in CR81/95.
At this stage, Chief Gani Fawehinmi (SAN), representing the plaintiffs (Goodnews Agbi and Anthony Alabi) objected to the procedure.
He said the witness was only meant to tender the documents before the court and not make any comment on them.
He also pointed out that the court has not been told why the IG who was subpoenaed failed to appear.
"I am not aware that a second subpoena has been issued. A subpoena duces tecum that has not been issued cannot be taken. The witness cannot speak on the materials he brought when the subpoena on the IG has not been taken care of," Fawehinmi said.
Ohwovoriole then explained that there are two subpoenas. The first one, he said, was served on the IG and another one was for the police to produce the documents. The second subpoena was served after the report written by the Chief Judge of the FCT was admitted.
Stating that he no longer wants the IG to appear, Ohwovoriole said all he wants is a copy of the IG's reply to the president and not what he did not ask for.
"I cannot lay my hands on the case file and the reply of the IG which is being asked for is actually the police interim investigation report but I have the final report dated June 27, 2003 here," he said
When Ohwovoriole insisted that what he was told to bring is the reply of February 14, 2003 and not 'a final report,' Okaro said part of the interim report is contained in the said 'final report.'
This drew some argument between him and Ohwovoriole leading to Fawehinmi expressing his concern that the defence could turn against his own (defence) witness.
Ohwovoriole now accused Fawehinmi of looking for favourable headlines by trying to side the police. He also accused Fawehinmi of having a hand in the police producing the wrong document.
Intervening, Justice Husseini insisted that the particular report requested and all the documents asked for must be brought.
Okaro, however, explained that though eight documents were asked for, some of them are the same.
It was then decided he should be asked to mention the items one after the other.
Ohwovoriole: Police case file number CR81/95 where is it?
Okaro: I did not bring it.
He also failed to produce the FIR, the statement of the accused persons in case CR81/95, but he explained that they are all contained in the case file, which he earlier said he could not lay his hands on.
Ohwovoriole: Where is the IG's reply of February 14, 2003?
Okaro: I don't have the interim report but I have here the final report of June 27. That final report covers everything.
Ohwovoriole: Cause list?
Okaro: It is not a police document. It is a court document and I don't have it with me.
Ohwovoriole: Case Diary?
Okaro: I don't have it because I don't understand what case diary is.
Ohwovorile: (addressing the court) He alone knows why he produced what he was not asked to produce and did not produce what was requested of him.
Okaro: (in defence) With all sense of responsibility, I say we made very strenuous efforts to get the documents.
When he was further questioned on the case file he agreed the case file is with the police.
Okaro: It is with the Bwari Police station. The policemen that investigated the matter have not submitted the case file to us.
On the IG's report to Obasanjo he promised to "go back and search for it" at the instance of the court.
The court had instructed that he bring the February 14, 2003 report before it today.
Justice Awwal Yusuf who presided over the 1995 case at the Bwari Upper Area Court, had during the plaintiffs submission said it was Governor Ibori he convicted in 1995.
Also, the court admitted in evidence, the written report by Chief Judge of the Abuja High Court, Justice Muhammed Gumi. The report which Justice Gumi had last year submitted to the Chief Justice of Nigeria, said Governor Ibori was the person convicted in 1995.
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