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Akinwande Soji-Ojo
Following the controversy surrounding his eligibility to stand for election, Enugu State governor-elect, Mr. Peter Mbah, has denied allegations that he is a convict who had previously engaged in a plea bargain arrangement.
Mbah, in a statement issued on Monday by his counsel, Emeka Ozoani (SAN), said that all the allegations levelled against him on being convicted of criminal charges in a suit filed at the Federal High Court in Lagos, with case no FHC/L/230C/2007; FHC/L/09C/2007. FRN V NNAMANI CHIMAROKE & 11ORS, are far from the truth.
According to Ozoani, the allegations have no weight and a mere ruse to tarnish the image of the governor-elect, adding that none of the allegations are near to the truth because Mbah was never a convict nor involved in a plea bargain arrangement.
“Grievances have been vented in public by sections of those who bitterly argue that Mr. Peter Mbah, the Governor-elect of Enugu State should not have been allowed to vie for the office. For them, he is a convict arising from alleged plea-bargaining in the case of FRN Vs NNAMANI & 11ORS. This is so far from the truth and is not even close to being true.
“The Governor-elect of Enugu State was never involved in either of the two distinct categories of plea-bargaining (charge bargaining or sentence bargaining). He was neither a director nor shareholder of the four legal entities involved in plea bargain,” the counsel said.
Ozoani emphasised that going by court records which are public documents, Mbah was not convicted of any allegations and can therefore not be called a convict.
“I take the leaves from the archives of the Federal High Court, Lagos Judicial Division, specifically, the records of the Honourable Justice M.N. Yunusa dated 7th March, 2013 and 7th March, 2015, respectively. The proceedings of 7th day of March, 2013 in FHC/L/09C/2007.
“There was K.C. Uzozie for the complainant (FRN) Rickey Tarfa, SAN, with K.G.B. Oguawgua, A. Shamsudeen, C.O. Chijoke and Uwu Onuwuka for the 1st, 5th and 7th-12th accused persons, Onyechi Ikpeazu with Jones Idu, Charles Udo, Nwankwo Amaechi, N.C. Joy Ozegwu (Mrs.) for the 2nd and 4th accused persons and Micheal Iyore with Ifeanyi Ezeogba, Tonia Onabanjo (Mrs), for the 3rd accused person.
“The court had held that “After hearing K.C. Uzozie Esquire for the complainant, informing the court that they have an application pursuant to Section 163 of the criminal procedure Act, to amend the charge and as per the amended charge, the 2nd, 3rd and 4th accused persons be discharged. O. Ikpeazu, SAN, for the 2nd and 4th accused persons not opposing and Micheal Iyore Esquire for the 3rd accused person not opposing.
“The court had ordered that “the 2nd, 3rd and 4th accused persons are hereby discharged and that the case is hereby adjourned to the 28th day of May, 2013.
ISSUED AT LAGOS, under the seal of the court and the hand of the presiding judge this 7th day of March, 2013. Attachment A,” Ozoani said.
He further explained that aside being discharged on all the charges, Mbah was also not the owner or have any relationship with the companies that engaged in plea bargain in the case and forfeited property.
The senior advocate emphasised that there are court documents in public domain exonerating the governor-elect of any criminal culpability
“The leaves of court undoubtedly settles the casus belli between the feuding Thomases,” Ozoani added.