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Ibori threatens I
Ibori threatens I-G with contempt charge
MALACHY UZENDU,
Abuja
GOV. James Ibori of
Delta State yesterday told the Abuja High Court that he would commence contempt
proceedings against Inspector-General of Police (IGP) Mr. Tafa Balogun, latest
today, for alleged repeated failure to produce vital documents he (Ibori) needs
to prove his innocence in the ex-convict saga.
But, Chief Gani Fawehinmi (SAN), lead
counsel to the plaintiffs, Peoples Democratic Party (PDP) chieftains Messrs
Goodnews Goodman Agbi and Anthony Alabi, fired back alleging that the said
documents were in Ibori’s custody.
The documents are police case file on case
number CR/81/95, First Information Report (FIR) pertaining to the case,
statements of the accused persons pertaining to the allegation and the police
case file in the matter.
Mr. Columbus Okaro, deputy commissioner of
police (DCP) in-charge of legal matters at the Alagbon Close, Lagos, who had all
along represented the IGP, for the fourth time yesterday told the court that he
was unable to produce the documents, which forced Gov. Ibori’s leading counsel
Chief Milton Paul Owhovoriole (SAN) to ask for adjournment to enable him prepare
and file contempt proceedings, against the IGP.
Alleging that the IGP was perverting the
course of justice on the allegation made against him, Ibori noted that even with
all the grace period given the IGP, he seemed unprepared to comply with court
order that he should produce the documents.
"My lord, I do not think there is any need
for another court order because one is already in place. We would want to pursue
the course of law, my lord, either later today or first thing tomorrow morning.
"The impression that orders of court
cannot be complied with and nothing follows is not tenable. We must do something
and sustain confidence of the court.
"I have not heard a situation whereby law
enforcement officers cannot obey the order of court and I don’t see how the
court cannot be obeyed. It is insult on this honourable court," Chief Owhoriole
stated.
But, Chief Fawehinmi noted that by virtue
of Section 378 and 287 (3) of the Constitution, every order made by the courts
must be complied with, expressing reservation as to why the IGP could not tender
the documents.
He, however, alleged that the documents
were in Ibori’s custody by referring to a notional newspaper publication of
January 30, 2003, purporting that one of Gov. Ibori’s personal assistants
advertised the said documents.
"I believe the documents have been removed
from the custody of the police by the man who is asking that the documents be
produced. Otherwise, where did the PA to the governor get the documents which
they published?" he queried.
Special Assistant to the Attorney General
of the federation, Mr. Wole Aina, who had been waiting on the wings in court,
thereafter sought permission of the court and announced appearance for the IGP,
but he could not proceed with defending the police boss as Chief Owhovoriole was
yet to move the contempt motion.
Earlier, Mr. Okaro, the DCP who had been
representing the IGP, informed the court that the documents in question were set
to be traced on the police shelves.
He, however, added that the Interim Report
bordering on the reply to President Olusegun Obasanjo by the IGP in the interim
police investigation on the ex-convict saga on Ibori were no longer separate
police documents as the report had been collapsed into the final report.
Before adjourning the matter till today,
Justice Husseini Muktar had granted a motion by Chief Owhovoriole that a joinder
application by one Chief James Ochuko Onanefe Ibori, a struck driver, who
claimed he was the one convicted by the Bwari Upper Area Court in 1995, be
struck out for want of diligent prosecution.
Neither Ochuko nor his lawyers, where
names were given as Emeka Agbapuonwu and Clems Ezike, were in court to move the
motion to which Owhovoriole had raised objections to.
To this Muktar awarded N5,000 costs to
each of the five sets of parties in the case.
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