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Ibori: Agbi, Alabi Appeal High Court Judgment
From Lillian Okenwa in Abuja, 11.18.2004
Two suspended chieftains of the Peoples Democratic Party (PDP) from Delta State, Messrs Goodnews Agbi and Anthony Alabi, have appealled the Abuja High Court judgment of November 8 delivered by Mr. Justice Hussein Mukhtar, which ruled that Governor James Onanefe Ibori was not the person convicted by a Bwari Upper Area Court on September 28, 1995 of criminal breach of trust and negligence. Agbi and Alabi in their notice of appeal filed yesterday by their counsel, Chief Gani Fawehinmi (SAN), explained that they are appealing the entire judgment of the Abuja High Court. Part of the issues raised in the nine grounds of appeal is that "the learned trial judge misdirected himself in law when he held as follows: •Whereas in this case, an issue of commission of criminal offences of negligent conduct and criminal breach of trust forms the factor directly responsible for the status and fate of the 4th defendant (Ibori) as to whether the person so convicted was the 4th defendant or not, the commission of such offences for which there was already a conviction comes directly into issue and the provision of section 138(1) of the Evidence Act becomes operative. •The standard of proof being beyond reasonable doubt has not been met where there is not only a reasonable but in fact a very serious doubt raised by the material contradictions and inconsistencies in the evidence of PW1 and Exhibits C and D (Bwari Upper Area Court, Judge, Report of FCT Chief Judge and the Police Report)." The duo maintained in the appeal that: •The case is not about the trial of a person accused of the crimes of negligent conduct and criminal breach of trust whose guilt must be proved. It is the case of the identity of the person who was accused of negligent conduct and criminal breach of trust whose guilt was proved and he was convicted and sentenced to a fine of N1, 000.00 or one year imprisonment on both counts on the 28th of September 1995. Therefore section 130 of the Evidence Act, which enjoins proof of guilt beyond reasonable doubt, will not apply in this case. •The learned trial judge failed to follow the directive or order of the Supreme Court in the case of James Onanefe Ibori V. Engr. Goodnews Agbi & 5 Ors. In Sc. 97/2003 delivered on Friday, 6th February 2004 particularly that contained in the judgment of the Chief Justice of Nigeria. Agbi and Alabi argued that, "the learned trial judge erred in law in failing to properly appraise or evaluate the totality of the evidence identifying the 4th defendant, (Governor James Onanefe Ibori) as the person convicted on the 28th of September 1995 in CR -81-95 by the Upper Area Court, Bwari for the offences of negligent conduct and criminal breach of trust and sentenced to a fine of N1,000.00 or one year imprisonment on both counts." They also contend that the learned trial judge, Mr. Justice Mukhtar delved into the issue of conviction despite realizing that the Supreme Court has settled that and that the issue at stake was identification. They also argued that the judge erred by admitting certain exhibits in evidence and failing to expunge them from the proceedings in his judgment, such being irrelevant exhibits. "The exhibits are irrelevant as they relate to the issue of conviction of James Onanefe Ibori on the 28th of September 1995 which issue has been resolved and settled by the Supreme Court. "The learned trial judge by admitting the documents as exhibits and failing to expunge them from the record has re-opened a matter closed by the Supreme Court thereby violating Section 287(1) of the Constitution of the Federal republic of Nigeria 1999. They contend that "the learned trial judge erred in law in granting the following reliefs to the 4th defendant, Governor James Onanefe Ibori: •The counter claim succeeds to the extent of the 4th defendant's claim for a declaration that no credible evidence has been laid before the court linking him with the commission of the alleged offences or identifying him as the person tried by the Upper Area Court, Bwari, the evidence laid having been so much discredited and being full of material contradictions and inconsistencies. Agbi and Alabi want the Appeal Court to allow their appeal and set aside the High Court's judgment.
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