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Will the real
James Onanefe Ibori stand up!
By
Pini
Jason
WHENEVER our judiciary came up with an extraordinary verdict, it has
been described as “a landmark decision.” We have witnessed some landmark
decisions in recent times. One of them was the Supreme Court ruling
reaffirming the rights of Nigerians to form their own political parties,
without the Independent National Electoral Commission, INEC, exercising
the discretionary powers to pronounce (or register) them as political
parties. Another is the most recent one that also affirmed the rights of
Nigerians to protest against a bad government or bad policies!
The recent Supreme Court ruling on the James Onanefe Ibori case is
equally a landmark decision, even if a troubling one. To recap, two
citizens of Delta State, Mr. Goodnews Agbi and Anthony Alabi, went to
court to claim that Chief James Onanefe Ibori, who is now the Governor
of Delta State, was not qualified to stand election as Governor because,
according to the duo, he was convicted on 28 of September, 1995 for
negligent conduct and criminal breach of trust by the Bwari Upper Area
Court. Governor James Onanefe Ibori has continued to deny that he was
the one convicted. The case went through the whirligig of time up to the
Supreme Court. On 6 February, 2004, the Supreme Court ruled that yes,
one James Onanefe Ibori was convicted by the Upper Area court, Bwari.
But right now we do not know the said James Onanefe Ibori, the
convict. And better not eye the Governor of Delta State! The man said he
is not the one. The Supreme Court seems to agree with him. The Supreme
Court ordered the case to be retried de novo (that means afresh!) by
another High Court to identify who the convicted James Onanefe Ibori was
or is! Following this landmark judgement, Governor James Onanefe Ibori
and his supporters staged a praise and worship thanksgiving service in
Asaba. Governor James Onanefe Ibori attributed his “victory”, that is
the verdict, to his confidence in God! God is in control, he exclaimed.
The Delta state government stated that the verdict that the case be
referred back to the High Court has vindicated the Governor.
I can appreciate the joy of Governor James Onanefe Ibori and his
supporters. Given the length of time it took the case to get to this
landmark ruling, a retrial may run through the entire second term tenure
of the Governor. The purpose for which Agbi and Alabi went to court,
which is to stop James Onanefe Ibori from contesting the office of the
Governor, by virtue of the identity crisis, would have become futile! It
is probably in line with this that Governor James Onanefe Ibori has
decided not to speak much on the allegation till the end of his tour of
duty as Governor.
It will be presumptuous of me to question the wisdom of the legal
luminaries that adorn the Supreme Court, or the rationality of the
verdict. But you must also understand the dilemma of an ordinary mortal
like me. The Supreme Court affirmed that a James Onanefe Ibori was
convicted of a criminal offence. Now, you guys go and find out who the
James Onanefe Ibori is! I know that the way our police operate would
have allowed them to arrest James Onanefe Ibori or all James Onanefe
Iboris, even if they are a thousand, clamped them into their cell, for
any offence established against one James Onanefe Ibori. They would be
legally right until all the James Onanefe Iboris prove that they are not
the wanted James Onanefe Ibori. Are you confused? So I am .
Why did the Supreme Court or the Court of Appeal have difficulty in
establishing who was convicted as James Onanefe Ibori? In the process of
arresting, prosecuting and convicting James Onanefe Ibori, were there no
records or finger printing? Where are those records? I know that in our
legal process, an accused is presumed innocent until proven guilty. In
this case, there was an accused who was convicted as guilty, and there
is an accused who is still pleading his innocence. On whom should the
onus of proof now lie? This question is relevant as it relates to
integrity in public office. Once this case reached this seamy stage
where the identity of a governor is in grave doubt, James Onanefe Ibori,
the one we know, should have honourably resigned, whether he is the
Governor or the convict.
I know that his army of hangers on and those who live off him will
rise up in arms arguing that resigning would have been an admission of
guilt or dignifying mudslingers. I disagree. James Onanefe Ibori, the
one who occupies the Delta State Government House (that is the moral way
to refer to him for now) would have been a hero at a time that lacks
heroes, if he had demonstrated that he recognised that the sanctity of
the public office he now occupies is far more important than his person.
Nothing says that Delta State cannot find another person who can govern
without the albatross James Onanefe Ibori carries.
Moreover, it is difficult to see any victory in the verdict for James
Onanefe Ibori. I could see none except one anchored on the amnesia of
Nigerians. What cynics are already saying is that the case is as good as
dead once Nigerians shift their attention elsewhere. Yet James Onanefe
Ibori in Government House, Asaba will still need to prove that he is not
an ex-convict if not for the purposes of being Governor, for other
purposes also, including removing the blemish from his family once and
for all. As it is today, James Onanefe Ibori cannot even sue anybody for
libel on the strength of this verdict, for as long as there is one James
Onanefe Ibori, an ex-convict out there on the loose, except the
libellous material specifically identifies James Onanefe Ibori as the
one in Government House Asaba! This leaves James Onanefe Ibori as a
possible butt of beer parlour jokes. And that is not good for a public
office as high as that of the governor!
On a sympathetic note, I think James Onanefe Ibori in the Government
House, Asaba is probably one of the unluckiest men ever born. I know at
least three people with the name Sam Egwu. Two of them you can separate
from the third by the fact that they are both Dr. Sam Egwu. You can
further separate the two Dr. Sam Egwus by adding their respective middle
names, or by the time you identify one as from Kogi State while the
other is from Ebonyi state. So, whenever I have had the honour to
introduce my friend Dr. Sam Egwu at any Citizens Forum for
Constitutional Reforms, CFCR, event, I had always begun by saying: he is
not His Excellency, he is not the governor, he is not from Ebonyi, but
believe me, he is Dr. Sam Egwu! But unfortunately for James Onanefe
Ibori, neither his middle name nor his place of birth could extricate
him from this identity muddle! That may be the price you pay if you are
a champion of resource control! I hear you!
March 2004
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