Ibori Stole Police, Court Documents - IG, Gani
Court finally admits police interim report
From Lillian Okenwa in Abuja
Inspector General of Police (IG), Mr. Tafa Balogun, has accused Governor James Onanefe Ibori and his aides of removing the original copy of the contentious interim investigation report prepared by the police on February 14, 2003 from the police files.
The accusation came yesterday at the resumed hearing in the suit contesting Ibori's eligibility to remain in office as governor of Delta state at the High Court of the Federal Capital Territory (FCT), Abuja, which also finally admitted the contentious police interim report.
Speaking through his counsel, Chief Adegboyega Awomo-lo (SAN), at yesterday's hearing, the IG accused the governor's Senior Special Assistant on Media and Publicity, Mr. Abel Oshevire, of being responsible for the theft.
In the altercations that ensued between the IG's counsel and Chief Milton Paul Ohwovoriole (SAN), Ibori's lawyer, following the former's request that the order made against Balogun be discharged, Awomolo pointed out that all the missing court records including the said interim report have been published in the papers by Oshevire, who 'stole' the missing documents.
The First Information Report (FIR) for which a James Onanefe Ibori was charged and convicted at a Bwari Upper Area court in 1995 is said to be missing.
Thereafter, Chief Gani Fawehinmi (SAN), counsel to Goodnews Agbi and Anthony Alabi, the duo challenging Ibori's eligibility in office, accused the governor's lawyers of dishonesty, alleging that they actually had the interim report while pushing for the IG's committal to prison.
He then proceeded to tender a certified true copy of a court process filed at a Federal High Court on a different matter by Ibori with a copy of the interim report attached.
Fawehinmi said it was unfortunate counsel misled the Court, wasting its time pushing for the committal of the IG on a document in their possession.
Ohwovoriole, however, objected to the document being admitted, pointing out that the said report is undated and that the one they requested for is dated February 14, 2003.
He also held that since Dr. Alex Izinyon, (SAN), whose chambers filed the processes was not in court, the matter should be adjourned for him to come and explain what happened.
At this point, Fawehinmi said if the documents among which is the interim report that he obtained from a court of law with the photograph of a lawyer from Izinyon's chambers are faulty, it only goes to confirm that they actually stole the documents and mutilated the heading to delete the date and other details.
After much argument on all sides the court ruled that the document, having been obtained from a court of law and not from Izinyon as a person, is a public document and could be admitted.
The court also added that since that was what Ibori's group had been asking for, it only made the matter easier for every one.
After the documents had been admitted, Fawehinmi said he was going to report the two senior advocates to the disciplinary committee of the Bar for misleading the court.
On his part Awomolo said: "When I said the documents were in their possession, I knew that they had it. When I said they stole the documents, I have been justified," to which Ohwovoriole replied, "If we have done wrong let the police arrest us."
The court also discharged the contempt proceedings filed against the IG.
The trial judge, Justice Husseini Baba Mukhtar, said that having satisfactorily explained why the interim investigation report the police made on February 14, 2003 in the conviction matter involving governor Ibori cannot be produced in court, the IG is discharged.
He also discharged the order for substituted service made against the IG asking him to produce the said interim report or face committal to prison.
Balogun's counsel, Awomolo urged the court to set aside the notice of consequence of disobedience to court order, form 48 made against his client saying it is a violation of the principle of fair hearing.
Asserting that the exparte application resulting in the order constitutes an abuse of court process, Awomolo said the September 28 order "is an order made in vain" and that it should be discharged since the explanation of the IG contained in his motion on notice and the affidavit in support of the motion seeking discharge of court's order "sufficiently discharged the burden on him to produce the required documents."
He further explained that since July 12, 2004 that he was invited to appear and produce documents before the court, the IG had always been represented by Deputy Commissioner of Police (DCP) Columbus Okaro.
"The IG in obedience to the order of court produced the documents which were in his custody and possession. A representative of the IG, Deputy Commissioner of Police (DCP), Columbus Okaro had been before this court since July 12 and at eight different adjournments. He is still before the court.
"Okaro told the court that the documents requested for is not in their custody. Where aggrieved shows that the order violates his right to fair hearing, where the obtaining of the order constitutes an abuse of court process, the court has the power and duty to hear all parties in the matter before taking a decision that may adversely affect any of the parties," said Awomolo.
He maintained that the IG deserved a hearing before the order, adding that "the application leading to the order was brought in bad faith as the IG is already before the court and has been here on eight occasions with an explanation on the said documents."
The matter has been adjourned to October 18, 2004.
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