Derivation Front: Beyond the lies and blackmail

By

Sheddy Ozoene

on comes across as a respected writer who makes informed commentaries on public issues. However, not a few of his readers were rankled and disappointed by his crude comments on the person of the Delta State Governor and the shallow arguments against the Supreme Court pronouncements on the ex-convict allegation. The writer also laboured strenuously to promote what to him, is an "identity crisis" which ought to compel the Governor to abandon his mandate on the mere allegation being peddled by his political adversaries.

We must concede to Jason, a right to hold an opinion on this matter even if it clearly betrays his bias against Governor Ibori. However, we are amazed at the shallowness of his understanding of the issues in the ongoing court trial between Ibori and his accusers, and the obvious political dimensions to the contest. One was tempted to conclude that he was hand-in-gloves with members of the discredited Derivation Front.

If we recall, Chief Goodnews Agbi, Anthony Alabi, Moses Oddirri, Andrew Oru and their colleagues in the infamous Derivation Front had early last year come up with the allegation that Governor Ibori was in 1995 convicted for negligent conduct arid criminal breach of trust. They alleged that he was "entrusted with building materials zinc asbestos (sic) but he negligently allowed the materials to be removed by his workers whom he could not identify and thereby committed the above offence the material valued at Nt10,000r00". Armed with a certified true copy of what they claimed was the court proceeding on the day of conviction, two of the Derivation Front members, Goodnews Agbi and Anthony Alabi headed for the Abuja High Court, seeking a declaration that Governor Ibori was unfit to hold his present position.

Governor Ibori who vehemently denies any link whatsoever with the purported trial insists he has never appeared before the Bwari Area Court or any other court for that matter on criminal charges. He maintain i that the document being peddled is a clever forgery designed by his foes to thwart his efforts at re-election and ruin his political career. On this, he had written to President Obasanjo and the Police Inspector General requesting their intervention.  Later at the Abuja High Court, he backed his denial with a counter affidavit.

It is a great disservice to his readers that Jason does not even understand the nitty-gritty of the case on which he is passing comments, and that the depositions in the accusers' affidavit alleging that Ibori is an ex-convict and Ibori's counter affidavit denying it, have not been fully dealt with. To therefore suggest that Ibori should have resigned on the strength of those allegations and the documents whose source still remains questionable is to say the least, illogical. On what moral standpoint does he adduce his argument?

Of course Governor Ibori would have been the greatest disappointment of the present dispensation if he had chickened out 'on moral grounds' just because a document of questionable source is being peddled by his adversaries. On the other hand, his decision to shelve his constitutional cover of immunity to subject himself to the rigours of Court trial is a display of courage, with the belief that when all the facts have played out in the open court our democracy will be better for it. For one, it will correct the erroneous belief by many people that the only test of democracy is the electoral contest, and whether it is adjudged free and fair. To suggest therefore that Ibori carries an albatross is not to appreciate the import of his action on our democratic experiment.

Mr. Jason’s lack of knowledge of the issues in court led him to ask in his article: "why did the Supreme Court or the Court of Appeal lave difficulty in establishing who was convicted as James Onanefe Ibori?" The reason simply is, the identity of WHOEVER was convicted in the CTC of the Bwari  Area Court was not at issue. What was at issue was that both parties to the dispute had at the lower court, agreed on a narrow issue for determination which simply was: On the face value of the CIC of Bwari Area Court is there a conviction of ANYBODY? If the High Court had ruled in the affirmative, it would have proceeded to the second stage: to identify who the ex-convict is.  But in his wisdom, Justice Baba Husseini ruled to the contrary.

It was that judgment that has been on appeal, and having therefore succeeded, the Supreme Court therefore directed another High Court to hear the case afresh. In other words, ‘proceed to the second stage’ of identifying who the ex-convict is. So far, much of the ex-convict trial had focused more on the document and not Ibori. To relate it directly to him therefore is inappropriate. In fact, an earlier ruling by Justice G. A. Oguntade of the Court of Appeal, Abuja had even gone to great lengths to clarify it thus:

“The appellants (Goodness Agbi and Co) in their approach to this appeal laboured under the notion that once they succeed in their appeal, their success would lead to the conclusion that the h respondent (Governor Ibori) was an ex-convict   that obviously must be a false notion given the procedure followed by the lower court to the determination of the suit.”

It is therefore understandable that Governor Ibori and his supporters had to hold a thanksgiving Church Service after the Supreme Court judgment which affirmed the decision of the Court of Appeal. The case may not have ended but the judgment was enough reason to thank God for sparing him the tragedy envisioned by his desperate traducers who were already quarelling openly on how to share the booty if their sinister plan had worked.

When the Derivation Front was formed a few years ago, its obvious mission was to ensure Governor James Onanefe Ibori does not see through his first tenure as Governor of Delta State. And if he does, to make sure they hang as much logs around his neck as to make it impossible for him to seek or win, a second. Aside providing a platform for its leaders to regularly throw stones at the Ibori administration, it also led a vigorous campaign to give the wrong impression of a groundswell of opposition to Governor Ibori.  The fact that Governor Ibori defied their plot to get re-elected is something they still find difficult to come to terms with.  Aside the largely futile attempt to paint the administration in the most despicable   colours, its decision to drag Governor Ibori to Court created the initial impression of a group committed to moral rectitude.

Recent events have revealed the desperation of the 'Derivationists'. But for the expos by the Chief Justice of Nigeria that Friday,  February 6, 2004 many would have found it difficult to believe that while Ibori’s lawyers sweated in search of Justice, members of the Derivation Front busied themselves trying to subvert the course of justice through blackmail, intimidation and bribery. And in so doing they have spared no institution, including the Supreme Court of Nigeria The character portrait of the 'Derivationists' as cowards who trade in lies again calls to question the documents they have been brandishing and on which the entire saga is based.

We must concede to them however, that if the intention was to use their allegation while it lasts, to paint the man in the ugliest of colours, it has no doubt achieved some results. How much longer they will sustain the lies is a different matter altogether taking the commencement  of the fresh identification trial this week into cognizance.  Henceforth the Derivationists will not make news headlines on the basis of wild allegations and by playing to the gallery. They must now proceed on the issues, facts and evidence of the case. And clearly, the burden of proof is on them to discharge beyond all reasonable doubts.

May 2004