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Vanguard Online Edition : Bamaiyi, Yakubu urge court to stay further proceedings

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Bamaiyi, Yakubu urge court to stay further proceedings

By Wahab Abdulah, Jesukri Imoni and Rashidat Lamidi
Wednesday, December 01, 2004

LAGOS — FORMER Chief of Army Staff Lt.Gen. Ishaya Bamaiyi (rtd) and former Zamfara State Military Administrator Col. Jibrin Bala Yakubu (rtd), standing criminal trial of attempted murder of the Guardian publisher, Mr Alex Ibru yesterday urged an Ikeja High court to stay further proceedings in their case pending the determination of their appeal at the higher courts.

Specifically Bamaiyi is praying the trial court to stop further actions pending the determination of the suit he filed at the Supreme Court challenging his arraignment before the high court, while Yakubu wanted the lower court to grant him leave to appeal against the ruling of the court and at the same time stay further proceedings on the criminal matter filed against him.

Bamaiyi, Yakubu alongside the former Lagos Police boss, Mr James Danbaba, former Chief Security Officer to Late Gen. Sani Abacha, Major Hamza Al-Mustapha and CSP Rabo Lawal are presently facing trial for alleged attempted murder of the Guardian publisher in 1996.

At the resumed hearing of the case before Justice Joseph Oyewole yesterday the motion on notice filed by the accused persons were argued while the court adjourned till next week Monday for the state to reply to both applications of the accused persons.

Moving the application on behalf of Bamaiyi, his counsel, Mr John Odubela prayed the court to "stay further proceedings or other proceedings in this charge or case pending the hearing and determination of the appeal filed in this Charge against the ruling of the court dated July 1, 2004 pending the hearing or the determination of the 1st Accused /Appellant’s application at the Supreme Court seeking among other reliefs an order of the Supreme Court to stay proceedings in this charge before this court."

The counsel told the court that his client had applied before the trial court urging it to stay proceedings pending his appeal at the Court of Appeal, Lagos but it turned down his prayers in a ruling delivered on July 1st, 2004.

 

 

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