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B N W: Biafra Nigeria World News |
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Alleged attempted murder of Ibru Judge dismisses Al-Mustapha�s request, declines to withdraw ANGELA NKWO AN Ikeja High Court on Tuesday rejectedn Major Hamza Al-Mustapha�s request to hands off his trial and four others for the attempted murder of The Guardian publisher, Mr. Alex Ibru, in 1995, describing his motion as baseless. Others are former Chief of Army Staff, Lt.-General Ishaya Bamaiyi (retd), one-time Lagos and Oyo states� Police Commissioner, Mr. James Danbaba, erstwhile Zamfara State administrator, Col. Jubril Yakubu (retd) and former police officer in-charge of Aso Rock Villa, Chief Superintendent of Police (CSP), Mohammed Rabo Lawal. Al-Mustapha had through his counsel, Mr. Lekan Ojo, filed an application seeking the withdrawal of Justice Joseph Oyewole from the case on grounds of bias towards the accused persons and favouritism for the prosecution. In his 40-minute ruling, Oyewole recalled the Supreme Court verdict which held that "to charge a court with bias or likelihood of bias is a grave matter and the accuser must be able to establish the facts and grounds he relies upon before he can succeed in his complaint." Oyewole held that it was a fundamental principle of fair hearing that no judge must be put on trial in his own court to assess his own cause. He declared that Al-Mustapha�s application was misdirected and incompetent. On the correctness of the record of proceedings, Oyewole said a judge was not expected to be a verbatim reporter but to exercise discretion on the content of his records which he could not abandon or depart from. He noted that the lead prosecution counsel, Professor Yemi Osibajo (SAN), had in his submissions, complained about the supposed indeco-rous language employed by Ojo while arguing the motion and held that the complaint was well founded. Oyewole appealed to all counsel to embrace caution and restraint in their choice of words, saying the legal profession comprised gentlemen who must at all times, be decorous in their choice of language either to the court or to fellow counsel or even litigants. The judge noted that sanctions existed within the purview of the court to regulate its proceedings, while there were also disciplinary measures within the profession for erring professionals but hoped that things would not degenerate to that extent. On his part, Justice Oyewole said his court would not shirk its responsibilities to do justice to all without fear or favour, knowing that both the judge and the judged are subject to the laws of the Almighty and must give account of themselves. He explained that he had searched his conscience, repeatedly perused his oath of office and the code of conduct for judicial officers and found no reason to disqualify himself from further adjudication in the case and shall not do so. Further, he said his commitment to proceed expeditiously with the trial without encouraging delay is what he perceives to be in the best interest of the accused persons who have held various high public offices in the country and have stayed in custody for years, adding that it is in the best interest of the complainant who also must have his complaint disposed of one way or the other and in the overall best interest of the judicial system. He, however, held that the application was baseless, frivolous and diversionary and consequently dismissed. Meanwhile, the court is to embark on the annual judicial vacation, which will end by September. Consequently, the matter has been adjourned to Monday, September 22. On that day, Ojo will argue his application seeking a court order restraining Prof. Yemi Osibajo from personally leading prosecution of the mater.
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