But [INVESTIGATING JUDGE] Gummi, in his report to [CHIEF JUSTICE OF THE FEDERRATION] Uwais, insisted that: "From all available evidence, it is clear that the Upper Area court, Bwari tried and convicted James Onanefe Ibori for negligent conduct and criminal break of trust on September 28, 1995.

"Such evidence also points to the fact that the present governor of Delta State was the same James Onanefe Ibori that was so tried and convicted on September 28, 1995 for the offences stated. Attached to this report are copies of the statements made by the court officials interviewed."

He explained that the conclusion was reached after interviewing seven court officials connected with the case and examination of Court Record Book, Cash Book and Criminal Complaint Book.

He said: "Your Lordship directed that I should investigate that matter and submit a report based on my findings. Pursuant to that directive, I caused a thorough investigation to be conducted into the affair.

"In the course of that investigation, all the principal officers of the Upper Area Court, Bwari at the relevant time were interviewed and they made written statements. Other officers of the court at the material time were also similarly interviewed and their statements recorded in writing."

Gummi said that those interviewed were, Alhaji Mohammed Awwal Yusuf (The Presiding Upper Area court judge, Upper Area court Bwari); Mr. Baba Kuku Fajemi (Court member), M. Yakubu Sidi (court registrar); M. Ibrahim Ya'u (Assistant Court Registrar); M. Sheu Aliyu (Clerical Assistant); M. Jafaru Waziri (Clerical Officer) and Talatu D. Ngam (Typist).

He continued: "The main thrust of the investigation was to determine two issues whether the Upper Area court, Bwari had at any time tried a criminal matter with the number CR/81/95 between the Commissioner of Police and one James Onanefe Ibori.

"Secondly whether the same James Onanefe Ibori who may have stood trial and conviction at the Upper Area Court, Bwari was the same person as James Onanefe Ibori, the present Governor of Delta State."

He said that although there was no entry made in the Criminal Complaint book with the name of James Onanefe Ibori, the record book showed that one James Onanefe Ibori was tried and convicted.

UNQUOTE

The News (Lagos); November 8, 1999

The News (Lagos); November 15, 1999

http://allafrica.com/stories/199911170207.html

Ibori Denies Abacha

Tempo (Lagos); November 17, 1999 ]

This Day (Lagos); January 29, 2003

http://allafrica.com/stories/200302030798.html

Gov Ibori Asks Obasanjo to Order Arrest of Persons Behind Ex-Convict Story

Vanguard (Lagos); January 29, 2003

This Day (Lagos); January 30, 2003

http://allafrica.com/stories/200302060267.html

Why Ibori Went to Court, By Aide

This Day (Lagos); February 6, 2003

http://allafrica.com/stories/200302080054.html

Aide Asks Gov's Supporters to 'Remain Calm'

Vanguard (Lagos); February 6, 2003

http://allafrica.com/stories/200302090018.html

Agbi Sues Ibori Over Ex-Convict Story

Vanguard (Lagos); February 7, 2003

http://allafrica.com/stories/200302110104.html

Ibori: Court Registrar, 2 Others Arrested Over Forgery

This Day (Lagos); February 9, 2003

http://allafrica.com/stories/200302120228.html

Family Disowns Oru On Ibori's Ex-Convict Story

Vanguard (Lagos); February 12, 2003

http://allafrica.com/stories/200302120232.html

Police On the Trail of Suspects Behind Ibori Ex-Convict Story

Vanguard (Lagos); February 12, 2003

Vanguard (Lagos); February 13, 2003

Vanguard (Lagos); February 14, 2003

Vanguard (Lagos); February 18, 2003

This Day (Lagos); February 18, 2003

Vanguard (Lagos); February 19, 2003

This Day (Lagos); March 4, 2003

INEC Withholds Ibori's Clearance

...Alleged Conviction: 'I Maintain My Innocence'

Ibori Accuses Judge Of Foul Play

Vanguard (Lagos)

February 21, 2003
Posted to the web February 21, 2003

MEMBERS of the House of Representatives from Delta State have called on the Inspector General of Police to intensify investigations into the alleged manipulation of court record at the Bwari upper area court, that suggested that the governor of the state, James Ibori was convicted in such investigation, according to them is to bring to book, those behind the alteration. Addressing a press conference in Abuja yesterday, Hons. Nduka Irabor; Mercy Almona-Isei and John Halims Agoda said the allegation that the Delta state governor is an ex-convict is false and aimed at tarnishing the name of the governor. The call by the members of house of representative from Delta state is coming on the heels of revelation by an investigation by this reporter that the purported judgement being paraded did not emanate from the Bwari upper area court.

According to the legislators, the allegation that the Delta state governor was an ex-convict is not only false but a mere hand work of "shoddy fraudsters bent on smearing the name of the governor. They called on the police and other agencies to bring the perpetrators of the act to justice to serve as deterrent to others. However, an investigation by this reporter at the Bwari upper area court; the Bwari police station and the Usuma Dam where the materials were allegedly stolen revealed that no officer could remember any such incidence.

At the Bwari upper area court, a typist who said she had been the only person on the job at the court for the past fifteen years denied categorically that the judgement being bandied about did not emanate from the court as there is no computer or an electric type writter in the court. According to the typist, the only typewriter in the court is an Olympia manual typewriter. "One was burnt by fire and they replaced it with another one. That document is not from us" she said. At the police station in Bwari, a senior police officer told Vanguard that the only incidence that is documented on the date that Gov. Ibori was allegedly convicted was that of an Idoma chief who was convicted and fined one thousand naira by Bwari upper area court, for criminal negligence. The police officer further pointed out that they do not refer cases that are above N20,000 to the upper area court because it has no jurisdiction to hear the case. "We have copies of all the first information reports of cases that we have prosecuted in court. Let the court produce the FIR on this case. Our copy has been handed over to the investigators on the case" the officer said.

At the lower Usuma Dam, a senior officer who said he had worked in the dam for more than seventeen years said there had never been any construction work on the site that would require materials worth N110 million.

Vanguard (Lagos)

February 13, 2003

THE Registrar,Clerk and an administrative staff of the Upper Area Court, Bwari, Abuja now in police custody over documents purporting that Gov. James Ibori was jailed by a court in 1995 are threatening to sue the police for alleged illegal detention unless they are paid N300 million as damages. The registrar, Ibrahim Yau, Clerk, Jafaru Aliu, and another staff, Musa Garba were arrested by the police on the 7th of February, 2003 for allegedly forging court documents purporting that Gov. James Ibori of Delta State was convicted in 1995 by the Abuja Upper Area Court. But in a letter dated February 11, 2003 and written by their counsel to the Inspector-General of Police (IGP), the trio stated that the documents were genuine and that Gov. Ibori was actually convicted.

"Our clients see this illegal and unwarranted detention and the continuous inducement as part of the larger plan to make them affirm what did not happen and to implicate innocent people in the process. Their position remains consistent and that is nobody altered the Bwari Upper Area Court proceedings of 28th September, 1995 showing clearly that a James Onanefe Ibori was convicted and sentenced on a two-count charge of negligent conduct and criminal breach of trust," the letter stated.

They accused the police of trying to help Ibori cover up the facts against him, adding that the document for which they were arrested was a certified true copy of the judgement of court, contrary to the impression the police are giving. They described their detention as an affront to judicial process and rule of law and therefore demanded N100 million damages for each of them for illegal and unwarranted detention.

The letter reads: "We act for Musa Garba, Jafaru Aliu and Ibrahim Yau (hereinafter referred to as our clients) whom are all judicial officers of the Federal Capital Territory Judiciary.

"Facts:

"Musa Garba, the current Registrar of the Upper Area Court, Bwari, duly certified the record of proceeding in case No. CR/81/95 in which one James Onanefe Ibori of Delta State was convicted for the offences of negligent conduct and criminal breach of trust in 1995. At the time of the case Ibrahim Yau now Registrar in the Federal Capital Territory High Court of Justice was in charge of criminal records and administration in the said court while Jafaru was in charge of preparing case lists.

"It is our instructions that their arrest is based on the fact that a certified true copy of that court proceeding of the aforementioned case was issued by the registrar of the trial court. The said document is already in evidence in the proceedings now pending at the High Court of Justice, Abuja in suit No. FCT/HC/CV/128/o8 of which all the arrestees are competent and compellable witnesses to either of the parties in the case.

"For the avoidance of doubt, note that unless our demand is met within 24 hours of the receipt of this letter, we shall have no option but to set in motion the machinery of justice towards enforcing their rights and exposing fully the illegality perpetrated against them.

"We hope that a wise and timely decision would be taken. "Thank you.

"Yours faithfully,

"For: M. A. Ofeoshi & Co."

 Yet to determine his eligibility
From Chuks Okocha in Abuja

The Independent National Electoral Commission (INEC) yesterday displayed the names of eligible candidates for the April general elections with the name of the Governor of Delta State, Chief James Onanefe Ibori, missing. The list contains the names of candidates cleared in the 30 registered political parties.

THISDAY investigation also reveals that between five and ten names of governorship candidates of the political parties were not displayed.

But the names of the governorship candidate of Jigawa state for the All Nigeria Peoples Party (ANPP) Alhaji Saminu Turaki, Lagos State governor, Asiwaju Bola Tinubu and Senator Arthur Nzeribe and all the twenty presidential candidates were displayed. Also displayed is the name of Col. Isa Maina. He is the PDP senatorial candidate for the Federal Capital Territory.

Secretary to the Commi-ssion, Dr. Hakeem Baba Ahmed told newsmen that the names of candidates displayed are those the commission is satisfied meets the eligibility status for elections as stipulated in the constitution.

"The names displayed are the names of candidates that we are sure that they meet the eligibility criteria, are the names we published now. There are a few of them that we are still examining. And there a few we are sure may not be eligible, we are in the process of compiling the names. There are a few legal restraints against publishing such names at all. Those ones we are not publishing, because we are respecting judiciary pronouncements." The INEC Secretary said.

Dr. Baba- Ahmed said that INEC is relying on the public to know whether the facts deposed by the candidates are correct stating the evidence on the status of the credentials of the candidates from the public must be "sound and reliable."

According to the INEC Secretary "when we get evidence that someone has been convicted, we will try within the means and capability that we have and within the constraints of time that we have to deal with the petition before us. And establish whether it is true or not."

He continued "As far as Delta state is concerned, I can tell you that we are not publishing the name of the governor as a candidate at this stage, because we have not as at yet established his eligibility."

According to him "we have received certain documents relating to whether the governor as a candidate is eligible to stand election. We are trying to investigate the genuineness or otherwise of the documents. We receive documents from many sources."

But in a swift reaction last night, Ibori's Special Adviser on Media, Mr. Abel Oshevbire, said INEC's pronouncement was misguided.

According to him, "INEC has no power to determine eligibility. As far as we are concerned, a situation in which eligibility can be contemplated does not exist."

He said further: "We will like to treat what the media have been told as a misguided, ill-advised pronouncement and definitely an error that should be corrected immediately."…….

...Alleged Conviction: 'I Maintain My Innocence'
By Collins Edomaruse

A few hours before INEC displayed it's list, Governor of Delta State, Chief James Ibori, yesterday in Lagos again denied any criminal conviction allegedly passed against him in 1995 by a Bwari Upper Area Court, Abuja. He also accused the acting Chief Judge of Federal Capital Territory, (FCT) Justice H. L. Gummi, of dragging the judiciary into what he called political arena.

Gummi had told the Chief Justice of the Federation, Mr. Justice Mohammed Uwais, in a letter, that Ibori was indeed convicted by a court in the FCT adding that the governor attempted to cover-up the conviction in January this year through an unsuccessful bid to get the trial judge, Alhaji Mohammed Awwal Yusuf, on his side.
 

But reacting to Gummi's report, Ibori said: "First when I read it, I was indeed very sad for this nation.

"My first reaction was that of sadness. Secondly, within context of the report, because of my very high regard for the judiciary, I decided that I was not going to make any serious comments exonerating or indicting the Hon Justice Gummi's report in any way because I feel that if I do that I will not only be casting some kind of doubts about the person and integrity of Justice Gummi but on other chief justices around the country of which one of them is in my state. I do have very high regards for members of that profession.

"But the way the report was written suggests to me that the Gummi wants to drag the judiciary into the political arena, this will be quite unfortunate.

"He said in that letter that he has got two assignments - first to establish whether there was such a case and secondly, to establish whether if there was such a case, if the individual involved was same person as the present Governor of Delta State.

"To me, the instruction that I know he was given, the terms of reference that I know he was given for this assignment, does not cover all the grounds he decided to cover in that letter. Therefore, I believe that Gummi, unfortunately, is dragging the judiciary into the political arena.

"The position now is that I think we need to be very careful, because this is a very strong test at this time of our transition. You will recall that sometime in 1993, it was also in Abuja that our problem began that led to the collapse of the transition that was presided over by General Ibrahim Babangida (rtd).

"Again, courts in Abuja have been active at this time of our transition and I think it is the duty of every Nigerian to look beyond the frenzy and examine the facts beyond the hatred that you have for James Ibori and see whether or not we are ourselves any good by the way we are handling this issue.

"Apart from the fact that my name and my integrity are in question, I do not think that the matter relates to James Ibori alone; it should be of concern to all well meaning Nigerians. I hope that at the end of the day our judiciary will be strengthened because I believe that the judiciary is most important institution in any democracy and therefore for democracy to be sustained, we must have a very fair, virile and strong judiciary. That is my view and that is essentially all the comments I wish to make on that report."

The Governor, who spoke on a number of issues during the short interview with journalists at the Murtala Mohammed International Airport, Ikeja, said his present travail was a good test for our current democratic experiment and assured Nigerians that he would be vindicated at the end of the day.

He expressed optimism that the conviction saga would soon be laid to rest, "because we have a virile judiciary".

He added that: "In the last three and half years, the judiciary has made some landmark judgments, especially the Supreme Court, which tend to give us some hope that we will continue to learn and learn to live within the confines of the rules of the game.

"But when things like this happen, you know, we look back to wonder whether we are learning at all. I think that that is the last place that should be politicised.

"Every single item in the letter written by Justice Gummi to the CJN can be and should be canvassed in an open law court because the police have determined that certain individuals have committed a crime of forgery.

"The police will in good time charge these individuals to court and in their defence, they will raise all the issues they are raising in that letter; that is the way our legal system works.

"What Gummi has done is an internal matter to the judiciary. He has not precided over any court.

"It wasn't Justice Gummi presiding over an open court where both sides of the issues will be canvassed, no. It was just an opinion written, probably for himself, anyway - an internal enquiry ordered by the CJN.

"Therefore, we wait for the police to charge these individuals to court. At that time, the individuals can come up with every allegation that they have in their own defence in an open court where a prosecutor will be able to put this case to test whether they will be able to stand the test of the process of the law court, that is the way our legal system works. To act in a matter as if we do not have a legal system in place is dangerous for democracy," he lamented.
 

But Gummi, in his report to Uwais, insisted that: "From all available evidence, it is clear that the Upper Area court, Bwari tried and convicted James Onanefe Ibori for negligent conduct and criminal break of trust on September 28, 1995.

"Such evidence also points to the fact that the present governor of Delta State was the same James Onanefe Ibori that was so tried and convicted on September 28, 1995 for the offences stated. Attached to this report are copies of the statements made by the court officials interviewed."
 

He explained that the conclusion was reached after interviewing seven court officials connected with the case and examination of Court Record Book, Cash Book and Criminal Complaint Book.

He said: "Your Lordship directed that I should investigate that matter and submit a report based on my findings. Pursuant to that directive, I caused a thorough investigation to be conducted into the affair.

"In the course of that investigation, all the principal officers of the Upper Area Court, Bwari at the relevant time were interviewed and they made written statements. Other officers of the court at the material time were also similarly interviewed and their statements recorded in writing."

Gummi said that those interviewed were, Alhaji Mohammed Awwal Yusuf (The Presiding Upper Area court judge, Upper Area court Bwari); Mr. Baba Kuku Fajemi (Court member), M. Yakubu Sidi (court registrar); M. Ibrahim Ya'u (Assistant Court Registrar); M. Sheu Aliyu (Clerical Assistant); M. Jafaru Waziri (Clerical Officer) and Talatu D. Ngam (Typist).
 

He continued: "The main thrust of the investigation was to determine two issues whether the Upper Area court, Bwari had at any time tried a criminal matter with the number CR/81/95 between the Commissioner of Police and one James Onanefe Ibori.

"Secondly whether the same James Onanefe Ibori who may have stood trial and conviction at the Upper Area Court, Bwari was the same person as James Onanefe Ibori, the present Governor of Delta State."

He said that although there was no entry made in the Criminal Complaint book with the name of James Onanefe Ibori, the record book showed that one James Onanefe Ibori was tried and convicted.

However, in a letter to the speaker of the House of Representatives, signed by Hon. Nduka Irabor, the Delta representative argued:

"Given the high degree of media attention on the matter, some legislators from Delta State at the National Assembly, including my humble self, decided that it was incumbent upon us to look into the matter, on behalf of our respective constituencies. Our task, also, assumed the nature of a public service by the fact that in our position as legislators from Delta State we were constantly requested by many Nigerians, including our colleagues from other parts of the federation, to provide answers to various questions about the matter.

"Consequently, we proceeded to Bwari, where we visited the Upper Area Court, the police station and the Usman Dam. We interviewed several persons connected with the matter. Our findings during the visit, which was witnessed by many people, was widely reported in the news media.
 

"However, I am compelled to address this letter to you, on the matter, in view of the publication in the front page of the Punch Newspaper of March 14, 2003. The newspaper reported that a confidential report of Justice L.H. Gummi, acting Chief Judge of the High Court, Abuja addressed to the Hon. Justice M.L. Uwais, Chief Justice of Nigeria, states that in fact, Governor Ibori is one and the same person tried and convicted by the Upper Area Court, Bwari in 1995.
 

"The summation of the report is that, the presiding officers of the court claim that Governor Ibori is the person that stood trial before them on 28/9/95 and was convicted, having pleaded guilty to the charge. The report states further that this is borne out of pages S77 of the criminal record book. The report also highlights the fact that there was no First Information Report (FIR) from the police recorded in the Criminal Complaint Book of the court in the alleged Ibori case. The implication of this fact is that no such matter ever came to the court from the police. On this point, there are inconsistencies and contradictions in the statements of the court officials as to how the "case" could have been tried without the FIR from the police.
 

"At this point it is pertinent to raise the following questions and issues:

 In concluding that: "both Shuaibu Anyebe and James Onanefe Ibori were facing the same charges on different FIR's at page 7 of the report, has there not been a suppression of the material fact that the Anyebe FIR bears the same No. i.e. CR-81-95, as that recorded for the Ibori case?

 In preparing the report was any explanation required of the relevant court officials regarding this fact? Of course No.

 Was it also considered that the FIR in Anyebe's case is also identical in all material particular as those set out in the court's record in the Ibori "case"? That is to say, the date, time and name of the individual, one Mallam Mohammed, a security supervisor, who made the report at the Bwari Police Station.

 Was it beyond the report to examine the above facts and attempt to establish how the same Mallam Mohammed, a security supervisor on same date of 21/9/95 and time of at about 12.50 hrs reported the same "case" of negligent conduct and criminal breach of trust against Anyebe (from the FIR) and Ibori (from the court's record in absence of any FIR) at the same police station?

 How easy given the facts of this matter is it to "deduce how someone was able to tamper with the record of the court in a bid to cover up the conviction of James Onanefe Ibori?

 Is this not a baseless deduction that stands facts and logic on their heads?

 If this omnipotent "someone" according to the report removed the pages of the Criminal Record book relating to the trial and conviction of Anyebe, and went the extra mile of making sure the copies of the receipt after Ibori paid his fine were removed and "possibly destroyed", how is it to be explained that this "someone" left completely intact the record of proceedings in the Ibori case in his "cover up efforts?"

 On the contrary, it is easier to see how the facts accord more with the report of forgery and tampering with court's record made by Governor Ibori to the police.

 On the contrary, it is easier to see how the facts accord more with the report of forgery and tampering with court's record made by Governor Ibori to the police.

 Is it not more consistent with the allegation of forgery that the person who tampered with the court's record would have left the records of the Ibori "case" to create the impression that the trial actually took place.

 Is it correct according to media reports and those who claimed to have examined thoroughly the Criminal Record Book of the court that the records were kept in such haphazard manner as to allow for forgery?

 For instance, how true is the allegation that the Ibori's "case" which was the first case on 28/9/95 and supposedly tried summarily was not recorded in one continuous stretch, but was broken off at the end of the first page, continued and concluded at about 7-8 pages later, squeezed in at the bottom of the case concluded on 5/10/95?

 Since the record shows the Ibori "case" as the first on 28/9/95, it then means that what follows were blank pages in the record book. By what wizardry of computation, were the presiding officers able to estimate to the last line the space that would be required to record the proceedings of four subsequent cases, including adjournment, to end on 5/10/95 before continuing the recording of the Ibori "case"?

 Is it not more curious that recording of these subsequent four cases were each commenced and concluded in one continuous stretch without any break? How is it to be explained that the Ibori "case" that preceded them on that day did not follow this same pattern of being recorded and concluded in one continuous stretch?

 Was it not necessary that the report should have determined whether any Barrister and Solicitor named N. Ndukwe, who supposedly appeared in the Ibori "case", exists or had been called to Bar in Nigeria by 1995?

 Is it true that the name of a certain N. Obiagwu was canceled in the records as the counsel in the "case"?

 Does this manner of recording proceedings of the court not raise the probability of some person intent on mischief making insertion in the record book?

 In attempting to determine the circumstances under which one of the presiding officers met with Governor Ibori and what transpired at the meeting, why was it easier for the report to be based only on the statement of the particular officer and a publication in Tell Newsmagazine? Why was the alleged arranger of the meeting, Barrister Bala Ngilari, not invited and interviewed as well? Is it also that the Attorney-General of Delta State could not be reached for his comments? How could the report be prepared in such blatant disregard of the age-old rule of fair hearing, which requires all sides to a mater to be heard before conclusions are made?

 Since there were news reports that the officials of the Upper Area court disowned the certified true copy of the proceedings that was put in circulation and denied that it emanated from the court, was it not necessary for the report to have established the identity of the person(s) who applied for the Court's records, with a view to tracing those who had possession of the record apart from the court officials especially as some person(s) desired to reap political capital from the widespread dissemination of the certified true copy of the proceeding.

"I am much aware that the impression may have been created in the public perception that the report is the work of a High Court Judge, and therefore infallible. This is the more reason why laymen as myself must apply the tool of rigorous reasoning and logic in examining the facts as they have been put in the public domain. Evidently, however, the report is the result of an administrative process and of no judicial consequence.

"It should require us to pause for a moment and consider whether "building materials - zinc asbestors" worth N110,000,000.00 (one hundred and ten million naira) could have been removed so effortlessly without a trace from Bwari in 1995 or any time! Surely, an evacuation of materials worth that stupendous sum would be a major haulage operation requiring about ten trailers doing a minimum of a trip a day and working for six weeks."