Court rejects IG's report on Ibori's convict case
From Emmanuel Onwubiko, Abuja
JUSTICE Hussein Muktar of the Abuja High Court yesterday refused to admit in evidence the final report of a probe into the allegation that the Delta State governor, Chief James Onanefe Ibori, is a former convict. The probe was conducted in 2003 by the Inspector-General (IG) of Police, Mr. Tafa Balogun.
The Police boss was represented at yesterday's hearing of the matter by the Deputy Commissioner of Police in charge of Legal Matters, Mr. Columbus Okaro.
The judge took the action after Governor Ibori's legal representative, Chief Milton Paul Ohwovoriole (SAN), said that the document was not included in the subpoena he issued on the IG.
The governor's counsel said that what he asked for among others was the reply by the IG to President Olusegun Obasanjo dated February 14, 2003 and not the final report dated June 7, 2003 which was brought to the court by Okaro.
Before the court adjourned by mid-day yesterday, the defence and prosecuting counsel engaged in severe verbal warfare regarding the appropriate documents to be produced in court by the police.
The summon was issued by the court at the instance of Governor Ibori who is the fourth defendant in the suit instituted by two People's Democratic Party (PDP) chieftains, Mr. Goodnews Agbi and Mr. Anthony Alabi. The plaintiffs are being represented in court by a team of lawyers headed by Chief Ganiyu Fawehinmi (SAN).
Ohwovoriole said: "My lord, we asked the police Inspector-General to produce as per our paragraph seven of our statement of defence, certain documents but after very strenuous effort, the police did not oblige as these documents stated out clearly in the subpoena issued by us to the police Inspector General. My Lord, a senior police officer is in court. We like to find out from him which of the documents we asked for and which he has with him."
The judge then called on the police officer to come out. But representative of the IG, who is also a legal practitioner, did not mount the witness box. He stood in front of the courtroom and the following discussions took place.
Okaro: "My Lord, I have some documents with me here. I have the statement of all the accused made to the police when the investigation took place and I have the copy of the petition sent to the President, Commander-in-Chief by His Excellency, the Governor of Delta State, Chief James Onanefe Ibori which was minuted to the IG by the President, dated 27th January 2003. And I have the police final report dated 7th June, 2003. I was asked to produce police case file of criminal record 81/95 and the first information report dated 29th September, 1995 and the cause list of 28th September, 1995. I was also asked in the subpoena to produce the case diary of 1995 and statements of the accused persons in criminal record 81/95."
But Ibori's lawyer interjected and informed the court that the police had not produced the exact document that they were subpoenaed to bring. But Fawehinmi objected that the governor's legal representative was not following the appropriate procedure.
Ohwovoriole then informed Fawehinmi that the Ibori team had earlier issued a second subpoena on the police authorities to produce the documents they wanted, including what he called the reply sent to President Obasanjo by the IG.
At a point, the governor's lawyer sought to know the whereabouts of the IG's reply to President Obasanjo which was later confirmed by Okaro to be the police interim report. Okaro replied that he did not bring it and insisted that the interim report was submerged in the final report of the IG which was brought to court yesterday.
But Ohwovoriole accused the IG of concealing the reply he sent to President Obasanjo dated February 14, 2003 which reportedly exonerated Governor Ibori of being a former convict.
Fawehinmi stood up in defence of the police officer, who was upbraided by Owhovoriole who had summoned the police as a relevant witness.
Ohwovoriole who argued that Okaro had failed to produce the case file, first information report dated 28th September, 1995 said: "Police officer, where is the reply of IG to President Obasanjo dated 14th February, 2003"
The police officer replied that there was nothing like the reply but an interim report. Okaro also disclosed that the case file of the Police Station, Bwari, Abuja, of 28th September, 1995 had not reached the IG up till yesterday morning.
The governor's legal representative prayed the court for adjournment till today so that the police would be able to produce the relevant documents, but Fawehinmi disagreed. The judge, however, agreed and adjourned the matter for continuation till today,
Ibori could not open his defence yesterday as ordered by the court at the last session.
Close to 200 people turned out to watch the proceedings, including the secretary to the Delta State Government, Dr. Emmanuel Uduaghan. Members of the governor's legal team included Dr. Alex Izinyon (SAN), Tokunbo Williams (SAN) while Adindu Ugwuzor and Gerald Ogokeh appeared alongside Fawehinmi for the plaintiffs. Mr. J.C. Obialor is the lawyer for the Peoples Democratic Party national hierarchy cited as first to third respondents in the matter which continues today.
