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Enugu gov-elect not convict, never party to plea-bargaining — Mbah’s lawyer

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Emeka Ozoani (SAN), a legal representative to the Governor-elect of Enugu State, Mr. Peter Mbah, has denied in its entirety, allegations that the newly elected governor was a convict who had previously engaged in a plea bargain arrangement and should not be allowed to have contested for office.

Speaking on Monday, Ozoani stated that all allegations being levelled against Mbah on being convicted of criminal charges especially in relation to the charges delineated: FHC/L/230C/2007; FHC/L/09C/2007. FRN V NNAMANI CHIMAROKE & 11ORS are far from the truth.

According to him, the allegations have no weight and a mere ruse to tarnish his image as none of the allegations are near to the truth because the Governor-elect of Enugu State 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,” he stated.

Ozoani emphasised that going by court records which are public documents, Mbah was not convicted for any allegations and can therefore not be called a convict.

He stated that “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, emphasising that there are court documents in public domain exonerating the governor – elect of any criminal culpability.

Ozoani concluded that “The leaves of court undoubtedly settles the casus belli between the feuding Thomases.”

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