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B N W: Biafra Nigeria World News |
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Ibori gets leave to serve contempt charges against IG
AN Abuja High Court has granted the prayers of Delta State Governor, Chief James Onanefe Ibori, to initiate contempt proceedings against the Inspector-General of Police (IG).
The action by the court yesterday followed the failure of the IG to produce before it an interim report to President Olusegun Obasanjo, where the police reportedly cleared Ibori of any conviction.
Ibori is defending himself against allegation by the Peoples Democratic Party (PDP) members, Messrs Goodness Agbi and Anthony Alabi that he was convicted in September 1995 by a Bwari Upper Area Court for criminal negligence and breach of trust.
The court session however, turned rowdy when the plaintiffs' counsel Chief Gani Fawehinmi (SAN) opposed the suit being adjourned to October 11, 2004 because of the planned strike by the Nigeria Labour Congress (NLC) on that day.
As soon as Fawehinmi described the anti-fuel price increase strike as "just", the serenity of the session was broken. The crowd in apparent endorsement of the strike began to praise Fawehinmi and the NLC over the decision.
A disturbed Justice Husseini Muktar, the trial judge warned the crowd against being disorderly. Shouting at the top of his voice, Justice Muktar told the wild audience that he would not tolerate such conduct because the "court is not a market place but a court room where decorum and silence must be maintained.
The interim report allegedly absolved Ibori of being an ex-convict.
The IG's representative, Columbus Okaro, said what the police chief could produce is the final report and not the interim report.
Ibori through his counsel, Dr. Alex Izinyon (SAN), had reminded the court of the order it made in July before it went on yearly vacation that the IG should produce the interim report that he sent to Obasanjo.
The judge granted his prayer that court order and the Form 48, which is a notice to the police boss that contempt proceeding will begin against him if he fails to produce the interim report, be served on him through substituted means by way of publication in two national dailies, including The Guardian.
The trial judge also adjourned hearing of both the main suit and the new motion seeking to begin a contempt proceeding against the IG to October 4.
Izinyon had prayed the court thus: "We pray for the leave of this court for Form 48 to be served on the Inspector-General of Police through substituted means by way of publication in two national dailies of The Guardian and ThisDay. This prayer is in compliance with Order 19 Rule 3 of the Sheriff and Civil Proceeding Act Cap 407 of the laws of the Federation of Nigeria 1990. These processes should be deemed to have been served."
Fawehinmi opposed the ex-parte application by Ibori, but the judge granted the governor's prayers because according to him, all parties in the matter must be given time to present their case for the purpose of fair hearing as enshrined in section 36 of the 1999 Constitution.
Izinyon, who got the court's nod to serve the contempt processes on the IG through substituted means, also opposed the decision of Fawehinmi to participate in the ex-parte proceeding during which he (Izinyon) sought the judge's approval for substituted service on the police chief.
The session became rancorous when Fawehinmi opposed the suggestion by the PDP lawyer, Joe Obialor, that the matter should be adjourned to October 11.
Fawehinmi had said that the date had been fixed for nation-wide strike by the NLC to protest the recent hike in the pump prices of petroleum products by the Federal Government.
The matter was subsequently adjourned to October 4.
The judge, however, warned that the court might not grant further adjournments so that the substantive matter can be concluded quickly.
Agbi and Alabi had gone to the Abuja High Court, claiming that Ibori was convicted in September 1995 by a Bwari Upper Area Court. The allegation has however, been denied by Ibori.`
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