LAGOS — JUSTICE Joseph Oyewole of the Ikeja High Court yesterday dismissed an application by Major Hamza Al-Mustapha, former chief security officer to late Gen. Sani Abacha, seeking to stop the court from further trying his matter for allegedly being biased.
Al-Mustapha, on trial for alleged attempted murder of Mr. Alex Ibru, publisher of The Guardian in 1996, with four others including former Army chief, Gen. Ishaya Bamaiyi (rtd), had on July 5, 2004 prayed the court to decline further adjudication on the case on grounds of bias. He also challenged the records of proceedings of the court, stating that some were inaccurate.
Following the arguments of counsel involved in the matter including the prosecution, Justice Oyewole in his 45-minute ruling dismissed Al-Mustapha’s application on the ground that it lacks merit, is frivolous and baseless. Al-Mustapha hinged his application on the following grounds:
— That he is constitutionally entitled to fair hearing;
— The trial judge has continuously demonstrated bias or likelihood of bias either against him (Al-Mustapha) and or in favour of the prosecution in the case by reason of which his impartiality in the case cannot be guaranteed or is in grave doubt;
— That the immortality of the trial judge constitutes or is likely to occasion breach of the rights of (Al-Mustapha) to fair hearing in the case.
— A party whose right to hearing in any case is breached or is likely to be breached by the trial judge is entitled to complain against the breach or threatened breach of his right to fair hearing in the same proceedings.
Following the arguments canvassed by counsel to Al-Mustapha, Mr. Olalekan Ojo, the state, Prof. Yemi Osinbajo (SAN) and other defence counsel, the court held that the application lacks merit in its entirety and is baseless.
Ruling on the issue of irregular court proceedings, Justice Oyewole submitted: “In the circumstances, with due respect to counsel, I am precluding the various affidavits filed on this issue as they are totally extraneous and inadmissible, to this court as supplement or addition to the record kept and signed by this court.
“Even if not extraneous the issues supposedly raised in the affidavits on this issue are tenuous and totally irrelevant, and do not come near any sufficient bias to justify any allegation of bias or likelihood of bias against the court.”
The judge noted that such issues raised by Al-Mustapha that the court always upheld the position of the prosecution since taking over the case, was “far from the truth. The record of the court is replete with several applications of the prosecution that were refused by the court and this is even a non-issue for every application is considered on its merit and administration of justice is never based on numerical balancing.”
