Ibori: Conflicting Claims Trail Suit Withdrawal
Hearing continues today, says Fawehinmi
From Onwuka Nzeshi in Warri, Lillian Okenwa in Abuja and Abimbola Akosile in Lagos
The long drawn legal battle between Governor James Onanefe Ibori of Delta State and two members of the Peoples Democratic Party (PDP) in the state over the governor's alleged conviction by a Bwari Upper Area Court in 1995 took a new dimension at the weekend as there are conflicting claims of a plan by the plaintiffs to withdraw the suit.
The Delta State Elders Forum and Delta Traditional Council at a news conference yesterday said the plaintiffs, Messrs Goodnews Agbi and Tony Alabi have reportedly agreed to withdraw the suit and settle the differences they have with Ibori out of court.
But counsel to the two men, Chief Gani Fawehinmi (SAN) told THISDAY that there was no plan to withdraw the suit as the plaintiffs are determined to see the matter to its conclusion.
Also, Agbi told THISDAY on phone that the suit is still on.
The Delta elders told journalists that the decision by the plaintiffs to end the legal battle is for the overall interest of the state.
The Delta Elders Forum was represented by Chief Edwin Clark while the Traditional Council was represented by its chairman, Emmanuel Efeizormor II, the Obi of Owa Kingdom.
A letter purportedly written and signed by the principal actor in the suit, Agbi on behalf of his colleague, Alabi, was tendered at the press conference.
The letter dated 20/09/2004 and addressed to Chief Edwin Clark read thus:
"Refer please to your discussion and appeal to me and Anthony Alabi to settle the matter and whatever quarrel you have with Chief James Ibori out of court.
"Sir, after serious consideration and consultation far and wide within and outside Delta State including the enormous pressure brought upon us by the PDP we have considered and accepted your entreaties to withdraw the case and settle out of court.
"Your visit to us in Lagos and Abuja cannot just be discountenanced with impunity. Thereafter please, in consultation with Obi of Owa, the chairman of Delta State Royal Fathers who have equally begged us, can proceed with the press conference. Thank you very much, sir."
Explaining further on the circumstance that led to the decision of the plaintiffs, Clark said prominent indigenes of Delta State have been embarrased by the ex-convict saga and have been making moves to broker peace and reach an amicable settlement.
"We do not want disunity in Delta State because this case has caused a lot of stagnation and wasted enormous resources. We do not want any conspiracy from outside to ruin the chances of our state from enjoying the dividends of democracy. We are therefore appealing to the parties and all those involved in one way or the other to bury the hatchet," Clark stated.
Also, the Obi of Owa said the ex-convict case has portrayed Delta State in bad light for over two years and if nothing is done it could linger on for another two years.
"We, that are addressing you, are elders of the state. Some of us fought for the creation of Mid-West region (Bendel State) and later Delta State. We want to leave this state better than we met it rather than allow the raging fire to continue to burn and jeopardise the future of our children.
"The parties in dispute are all indigenes of Delta State and we cannot just fold our hands and allow them to go on firing at one another. It potrays us as not having elders. There is no community or state that has no problem. Our governor is not the worst. We should all come home and resolve, whatever differences there may be," the royal father said.
But in a telephone chat with THISDAY yesterday, an angry Fawehinmi said there was no iota of truth in the news that Agbi and Alabi had withdrawn the case from court.
"That news is absolute nonsense. Proceedings continue tomorrow (today). I am in Abuja right now. We are still going ahead with the case. There is no iota of truth in the matter. I saw Agbi and Alabi in Lagos yesterday and there was no mention of any withdrawal of any case. There is no withdrawal. The matter must get to finality," he said.
Agbi who denied that he and his colleague had withdrawn the suit explained that elders from Delta State actually met with them to explore the possibility of withdrawing the suit.
He added that they have not given a definite answer.
Meanwhile, there are indications that the 'new James Ibori' who gave his full names as James Onanefe Ochuko Ibori might not appear in court after all when the case resumes today.
The 'new Ibori', in July swore to an affidavit claiming he was the one convicted by the Bwari Upper Area Court in 1995 on case No. CR/81/95. Lawyer to the 'new Ibori', Emeka Agba-puonwu, said his client might be absent in court today as he was denied court protection from arrest or harassment by security agencies.
Agbapuonwu said in response to a July 17, 2004 petition by Agbi to the Inspector General of Police, requesting that the 'new Ibori' be investigated, Ochuko went to Court asking that he be granted Court protection against harassment.
On September 15, Ochuko in a motion Ex-parte entitled: "In the matter of application by the applicant for the enforcement of his fundamental rights", filed against the Inspector General of Police, Director, State Security Service (SSS), Agbi and Alabi, asked for the following:
An order for the substituted service of the processes of this Court on the 1st and 2nd respondents by publication of such processes in any of the following daily newspapers - The Guardian, ThisDay, Daily Independent or Vanguard
An interim order of this Court restraining the 1st and 2nd respondents, their agents, servants, employees etc; from effecting the arrest of the applicant or in any other manner restricting his right to personal liberty and freedom of movement until the determination of the substantive application to be filed upon the granting of the leave sought herein.
Agbapuonwu disclosed that the matter was assigned to the judge hearing the original retrial case, Justice Husseini Mukthar.
The lawyer who said the matter was assigned only last Thursday said he anticipated that the matter would be heard as soon as possible, and that until then it would be unwise for his client to appear in Court.
When asked if his client is set to prove his assertions that governor Ibori is not the person jailed by the Bwari Upper Area Court in 1995, the lawyer said the most important thing is that in spite of the criticisms against their move from both Agbi, Alabi and the governor, "none of them have filed any paper in Court against Ochuko not being joined in the case. This is a most important point."
|
