ANA in Court Again as Police Set to Quiz Factional Leader, Camilus Ukah

Camilus Ukah

Just like the Federal Capital Territory, Abuja branch of the Association of Nigerian Authors (ANA) is challenging the leadership of Mr Camilus Ukah’s faction of the association, the Bayelsa State chapter is also in court over alleged usurpation by Mr Ukah’s faction.

The trial of a group loyal to Mr Ukah in Bayelsa State Chapter of ANA led by one Murphy Biriabebe, suffered setbacks on Wednesday, May 3, 2023, as legal proceedings began at the Bayelsa State High Court 7, in Yenagoa.

The claimant, Murphy Biriabebe, who is a legal practitioner, was docked to give evidence against two defendants – the immediate past ANA Bayelsa Chairman, Dr Akpos Adesi and incumbent Secretary, Mr Ebipreye Egbenpere.

During proceedings, Biriabebe could not hold back his disgust for his own counsel, a young female wig, for failing to live up to expectations as most documents tendered to prosecute his case were eventually thrown out by the Trial Judge, for not adhering to standard legal procedures for documentation.

Mr Biriabebe was cross examined as the defence counsel, Barr. Pere James Fawei (who is the incumbent Legal Adviser of ANA Bayelsa) made a mince meat of the claimant as first witness on trial.

Biriabebe who was furious with his own counsel during (and also after the court session), interrupted his counsel intermittently to the shock of all who were in court.

The presiding Judge Okara, had to caution Biriabebe several times to comport himself as a witness and answer questions only when he is asked and not to evade the defence counsel’s questions.

Biriabebe displayed an apparent sign of frustration during proceedings when he openly stated in court that he would apply to withdraw his counsel at the next court sitting, as he was not impressed by the way his counsel was prosecuting the case with wrong submissions and display of a total lack of understanding on the matter at hand. The counsel constantly jumbled crucial documents while apologizing to the judge and defense counsel at intervals: “I’m sorry, my Lord, it was an oversight!”

The judge had to remind the young female legal counsel that there was no oversight in legal practice in the courts, as “whatever is wrongly tendered shall be dismissed as lacking evidence!”

Biriabebe was unable to answer questions on the legitimacy of his claim of being chairman of ANA Bayelsa, as an alleged letter of authority he attempted to smuggle in to lay claim as chairman, purportedly endorsed by his factional ANA National President, one Mr Camilus Ukah, was rejected by the court for want of legitimacy because he did not submit it at the pre-trial.

Biriabebe was also put on trial on his alleged claims on oath that the defendants (Adesi and Egbenpere and others) had been expelled from ANA by his factional National President, Camilus Ukah, as Biriabebe could not produce any document to back his claim.

“Show us in that document you tendered as exhibit, from your ANA NEC, where it is stated that the defendants have been expelled from ANA?” The defence counsel retorted.

“Their exco was dissolved…” Biriabebe read an excerpt before he was interjected again by defense counsel, Barr. Fawei Pere James 

“I put it to you, Mr Murphy Biriabebe, that you made a false claim on oath, without any shred of evidence, that the defendants were expelled from ANA and therefore gives you legitimacy to present yourself as Chairman, when their two-year tenure had not elapsed and they were never impeached by congress or expelled by ANA National as you want the court to believe.” Barr. Fawei laid his cross examination to rest.

Also raised during the trial was Biriabebe’s claim of libel leveled against the defendants that his reputation was bruised by an alleged defamatory publication made by Dr. Adesi and Egbenpere, terming him “a charge and bail lawyer of low repute on the prowl of duping members of the public by parading himself as factional ANA Bayelsa Chairman with no constitutional legitimacy.” 

From the court proceedings, the document relied upon by Biriabebe to prove his case of libel against the defendants was a publication he posted on his own group’s WhatsApp platform, which he admitted to being an administrator, and the defendants were not members of the group and so could not have generated or posted the alleged libelous statement.

The process of generating the text of the alleged libelous post also came to the fore as the claimant could not substantiate how he got the text excerpt to lay claim of its authenticity as a reliable document to implicate the defendants.

 The sole witness, Bina Ilagha, a former Chairperson of ANA Bayelsa, could not have her day in court as the matter was adjourned to June 1, 2023. 

Meanwhile, the counter case of criminal charges bordering on: “breaking and entry, fraud, Impersonation, and criminal defamation”, brought against Murphy Biriabebe and 14 other accomplices, by the duo of Dr Akpos Adesi and Mr Ebipreye Egbenpere , through the Commissioner of Police (SWAT Division) for investigation is yet to commence Legal proceedings at the Federal High Court Yenagoa, as some of suspects are still at large. 

Five others including Bina Ilagha, Frank Opigo , Opusam Ete, Murphy’ Biriabebe and Hannah Onoguwe, had been invited, detained and granted administrative bail by the Police, as they also reported to the station again on Wednesday, after the grilling session in court on a different ANA matter, to be interviewed on their statements made earlier.

The police are still investigating and gathering evidences for prosecution as they embark on a manhunt for the rest of the suspects yet to report to the police station to make their defence in writing ( Camilus Ukah, Gomba Obari Gomba , Nengi Owei Ilagha aka Pope Pen, Stella Toruemi , Mercy Toruemi , Ebidenyefa Tarila Nikade, amongst others) who are alleged to be on the run for fear of being prosecuted as accomplices in the criminal allegations.