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Monday, September 27 2004

Vol 17 No.30

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    New Page 3

    Ex-convict saga: Ibori opens defence

    •Plaintiffs deny withdrawal

    FELIX DURUMBAH, News Editor, MALACHY UZENDU, Abuja, SEGUN JAMES, Warri

    GOVERNOR James Ibori of Delta State is expected to open his defence in the ex-convict suit before the Abuja High Court today.

    The development was foreshadowed yesterday by doubts on whether the matter would still go ahead following speculations that the plaintiffs, Messrs Goodnews Goodman Agbi and Tony Alabi, had withdrawn the action against the governor who they accused of being the James Onanefe Ibori convicted in 1995 by the Bwari Upper Area Court, an allegation flatly denied by the governor.

    Ijaw leader, Chief Edwin Clark had told newsmen in Warri, yesterday, that Agbi had in a letter purported to withdraw the suit and "settle out of court" following "previous interaction and consultations far and wide."

    But, last night, Agbi told Daily Champion on phone that "we have not withdrawn the suit."

    According to him, what happened was that Chief Clark and others piled pressure on the plaintiffs to drop the suit in the interest of the state, "but being a respected elder, we told him ‘Ok, sir, we’ve heard you’ since one cannot deny elders a request to their faces."

    Agbi insisted that they have not withdrawn the matter in court, adding that the plaintiffs would be represented in court today.

    Messrs Agbi and Alabi had instituted the suit against Gov. Ibori alleging that having been convicted, the governor was constitutionally unfit to contest the 2003 general elections where he sought re-election.

    Throughout last month, the prosecution counsel, led by Chief Gani Fawehinmi (SAN) had canvassed arguments to buttrress the allegation, calling in witnesses including the Judge of the Bwari Court, Justice Mohammed Awaal Yusuf and the Chief Registrar of the Abuja High court, who gave evidence that tended to give credence to the allegation.

    There were also indications that truck driver, James Onanefe Oduko Ibori, who claimed that he was the convicted Ibori would no longer appear in court to give evidence.

    Even though Ochuko Ibori had sworn to an affidavit that the Delta State governor should be left alone as he (Ochuko) was the one who faced trial and got convicted, he was alleged to have denied not to press on with his joinder application because the security top brass failed to accede to his request for security cover to enable him appear in court.

    Contacted, Mr. Chris Olakpe, Police spokesman, stated that it was up to the said Ochuko Ibori to come to court or not and that how he chooses to do that is entirely up to him and not with the police.

    Governor Ibori through his lawyers, led by Chief Milton Paul Owhavoriole (SAN), had debunked claims of his having been convicted by any court.

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