ABUJA— LEGAL moves by counsel to Governor James Ibori of Delta State to commit to prison the Inspector-General of Police, Mr. Tafa Balogun, for alleged refusal to produce certain documents, were stalled yesterday at an Abuja High Court, following their inability to satisfy some conditions for initiating the process. The governor’s counsel led by Dr Alex Izinyon (SAN) pleaded with the court for more time to put their acts together.
The request for more time came on a day counsel to Mr Balogun accused Governor Ibori of pushing for his client’s committal at all cost on grounds of vendetta. He did not elaborate.
Governor Ibori’s counsel said the flouted order of the court of July 28, 2004, directing the Inspector-General of Police to produce a number of documents requested by GovernorIbori to defend himself in the on-going identification trial was not served on the IGP in person.
Contempt proceeding is a quasi-criminal action which cannot be commenced against an alleged contemnor unless there is proof that the court order allegedly disobeyed is served personally on the alleged contemnor.
The governor yesterday battled his opposition to procure an order permitting him to serve the Inspector-General with the alleged flouted court order of July 28, 2004 through substituted means.
A separate request by the governor to serve the police boss, through substituted means, a court process called Form 48, warning Mr Balogun of the consequences of not complying with the court order directing him to produce documents requested from him, was also granted yesterday.
Besides, Justice Hussein Murkhtar of the Abuja High Court gave his nod to another prayer by Governor Ibori to serve the drawn up order by the court containing the first two prayers granted, including the return date of this proceedings fixed for October 4, this year via substituted means.
Specifically, Ibori requested that all the prayers granted by the court be published in two national dailies which the court okayed.
A sister application by Governor Ibori seeking to reprimand the Inspector-General of Police for allegedly issuing press statements over a final report brought to court in place of the interim report was also adjourned till October 4, this year for hearing.
Proceedings commenced in the case yesterday at exactly 9.02a.m. with the court room filled to the brim as usual. Hearing commenced shortly after Chief Gani Fawehinmi (SAN) entered the courtroom with five loads of law books. Standing in the court room to observe the proceedings were more people than those sitting.
After appearances were announced, counsel to Mr. Balogun, Chief Wole Aina, pleaded with the court to first hear an application pending before it, seeking to reprimand the police boss for issuing press statements on issues pending before the court. Chief Aina said he had filed a counter affidavit to the one filed by counsel to Governor Ibori.
But lead counsel to Gov Ibori, Dr Izinyon, said he was just seeing the counter-affidavit of the police boss and that it would be fair to allow them go through and respond to issues raised therein. Izinyon said: “We have pending before the court some fundamental issues to be thrashed out this morning besides the application being referred to.”
The arguments over pending applications which were outside the main suit galvanised Chief Fawehinmi who jumped up to say: “This proceeding is being diverted by Governor Ibori’s counsel. My lord, we are no longer on the main issue. Why can’t we adhere to the directive of the Supreme Court to identify the one James Onanefe Ibori that was convicted on September 28, 1995. Why don’t we leave out issues bordering on his conviction since that has been settled by the Supreme Court. All the documents being sought to be tendered have to do with conviction, an issue that has been resolved. This fishing expedition that is being resorted to is dangerous to the main case.
“Since they opened their defence, the only issue being talked of is conviction. They said Governor James Ibori was not convicted, but up till now, they are not addressing the issue raised. It is they who brought Form 48, it is they who filed application to restrain Tafa from making press statements. They said the Inspector-General of Police is their witness in one breadth, in another breadth, they said he is no longer their witness. They said they were withdrawing the subpoena duces testificandum issued on him. They are not concerned with the defence again.
“Rather than defending their case, they have been begging us to withdraw the case. They were sending invitations to me. Up till Sunday, this week, they were sending invitation which I have refused to honour, I….” He was cut short.
Dr Izinyon who interrupted him said: “My lord, I object to this. I am objecting to this.” Izinyon who did not wait for any public address system which all counsel addressing the court was using before he objected faced Chief Fawehinmi: “You have derailed, you have derailed,” to which sympathisers of Governor Ibori erupted in heeeeee noise while those on the other camp said humn un un un. But Chief Fawehinmi was not done. He jumped up again: “It is the defendant that has derailed. It is the defendant,” to which anti Ibori observers in court also shouted heeeeee.
The trial judge who was watching the opposing counsel engaging each other dropped his pen, smiling. He, however, cautioned that there should be no noise in court.
Chief Fawehinmi who had remained on his feet said: “They are now asking for adjournment to hear an application filed against the Inspector General of Police. This is diversionary. The IGP is not a witness in this matter..”
Responding, Izinyon said the application he brought was an innocuous one. He said he saw no reason why Chief Fawehinmi should go on a wild goose chase.Hearing continues in the case on October 4, this year.
