|
Tribunal over-rules fresh charge against Naval chief
By Alex Oni
Head, Crime Desk, Lagos
An attempt by prosecuting counsel,
Brigadier-General Donatus Idada Ikpomwen (rtd), to prefer a fresh charge of
negligence leading to the loss of 11,300 tones of crude oil valued at N500
million against Rear Admiral Antonio Bob-Manuel was on Tuesday over-ruled by
the court-martial.
Three top Naval officers, Rear Admirals
Samuel Kolawole, Francis Agbiti and Bob-Manuel are currently standing trial at
the tribunal over alleged complicity in the mysterious disappearance of
detained ocean vessel, M.T. African Pride with its content.
President of the tribunal, Rear Admiral
Joseph Ajayi, who threw out the charge, agreed with the defence counsel, Chief
Bayo Ojo (SAN), that the charge was improper and defective.
The prosecution alleged in the failed
charge that between October 8, 2003 and August 2004, Bob Manuel, being the Flag
Officer Commanding (FOC) Western Naval Command, failed in his duty by
negligently causing the loss of 11,300 tones of crude oil valued at N500
million entrusted his care.
But the defence counsel objected to the
charge arguing that it ran contrary to section 36 (c )(a) of the 1999
constitution.
Ojo said although the accused person was
served with the charge last Friday, the defence counsels have not been given
details of the offence to make them prepare adequately for the defence of the
accused person.
He urged the court to refuse the charge
on the ground that it has not complied with the rules as the prosecutor who
signed the charge did not get the authority of the appropriate authority to do
so. But the prosecuting counsel, Brigadier-General Ikpomwen asked the court to
disregard Chief Bayo Ojo’s submission because if sustained, it will
amount to pre-empting the prosecution.
“What the charge discloses is that
there was a loss. How that loss came about is a matter of details as we lead
evidence”, Ikpomwen said.
On the issue of signature, Ikpomwen
reminded the tribunal that he signed the first charge to which there was no
objection as the accused persons submitted themselves for trial.
“The prosecution, acting for the
convening authority that sets up the tribunal does not need to go back to the
convening authority for direction on every issue.”
Rear Admiral Ajayi however over-ruled the
prosecution and directed that trial of Rear Admiral Bob-Mauel should resume on
the other two counts of failing to brief the Chief of Naval Staff (CNS) on why
M.T. African Pride was not released to the police as directed by CNS.
Bob Manuel is also to answer another
count charge of disobeying an order of CNS to hand over all arrested vessels,
including M.T. African pride to the Nigerian Police between February and July
2004.
|
