| Ibori: Rep faults Gunmi’s
report …As IG risks contempt charge
By GODDWIN TSA, Abuja
Friday July 30, 2004
A Member of the House of Representatives, Barrister Bala
James Ngilari on Wednesday faulted the report submitted to
the chief Justice of Nigeria (CJN), Justice Mohammadu Uwais
,by the chief Judge of the Federal Capital Territory (FCT),
Justice Lawal Gunmi which claimed that it was the present
Governor of Delta state, James Ibori, that was convicted in
1995 by a Bwari Upper Area court for negligent conduct and
criminal breach of trust.
According to the lawmaker who testified in the trial Wednesday,
the report allegedly violated the right of fair hearing as
provided for in section 36 of the 1999 constitution.
The said report had submitted that "the present Governor
of Delta State was the same James Onanefe Ibori that was so
tried and convicted on 28/9/95 for the offences of negligent
conduct and criminal breach of trust".
Ngilari, who was giving evidence -in- chief in the on-going
de novo (fresh) trial ordered by the Supreme Court for the
purpose of identifying the James Onanefe Ibori that was convicted
for negligent conduct and criminal breach of trust in 1995
said that the report could not stand, having violated the
provision of Section 36 of the 1999 Constitution which provides
for fair hearing.
"I am surprised that the person of the respected Honourable
Chief Judge of the FCT would prepare such a report without
abiding by the principles of fair hearing under Section 36
of the Constitution. Even a student in the law school knows
that this is an elementary principle that is mandatory and
binding. The report is therefore most unfair as I was not
invited to present my own side of the story," he stated.
Meanwhile, the Inspector-General of Police may have committal
proceedings commenced against him for failing to produce his
reply to President Olusegun Obasanjo’s directive dubbed
by Police as Interim Report. This inkling follows his vilification
by Defence Counsel for not making the said reply available
to the court as ordered.
"The police is treating the matter with levity, my lord.
We will be mature today not to ask for a committal proceedings
to be commenced against him. But we will apply for an enrolment
order to be served on the police and if they fail the law
will take its full course, no matter whose ox is gored. We
cannot go on with the matter without the document," he
stated.
Against that background, Ohwovoriole applied for an adjournment
and this was granted and the matter fixed for 27th and 28th
September, 2004.
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