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...For a better society... Wednesday, December 22 2004 Vol 13 No.44 News Editorial Politics Opinion Features The Arts Sports Education Business Money/Market Travels/Tourism Property/Environment Columnists View From America Missing ship: Judge refuses to stop trial of Naval officers JUSTICE Abdullahi Mustapha of the Federal High Court, Lagos, yesterday for the second time refused to stay proceedings in the trial of three navy Generals. The accused persons are Rear Admirals Samuel Kolawole, Francis Agbiti and Antonio-Bob-Manuel. They are being court-martialled in Lagos over their involvement in the disappearance in August of a vessel, MT African Pride, allegedly used for illegal oil bunkering. Kolawole had claimed that the military tribunal, as constituted, violated his fundamental right of fair hearing. He consequently filed a suit against the Nigerian Navy, Chief of Naval Staff, Attorney-General of the Federation, the country’s president and members of the tribunal over his trial. When the case came up for hearing yesterday, counsel to the Nigerian Navy and the Chief of Naval Staff, Brig.-Gen. Idaha Ikponwen (rtd) told the court that he had just been briefed on the matter and needed time to study and reply. He urged the court to adjourn the matter till a latter date. Counsel to the Attorney-General, Mr. Chiezonu Okpoko, associated himself with the submission of Ikponwen. Responding to the request for adjournment, Kolawole’s counsel, Mr. Babatunde Fasanu (SAN), remarked that the respondents were duly served within the time frame required by law. He added that if they did not get it in time, it must have been their internal problem. Fasanu informed the court that Ikponwen was also the prosecutor in the court-martial and would be making his final address to the court-martial tomorrow (Thursday) in readiness for judgement. He prayed the court to order a stay of proceedings at the tribunal since it was one of the issues being challenged by Kolawole in order to preserve his fundamental right to fair hearing. In his ruling, Abdullahi said that he was happy that the respondents finally appeared before the court and pointed out that the Navy had always avoided court processes. He said the court would not order a stay of proceedings in the court-martial, reiterating that the leave earlier granted Kolawole in November should not be misconstrued for a stay of proceedings at the tribunal. The judge adjourned further hearing in the matter to January 14, 2005. � 2004 @ Champion Newspapers Limited (All Right Reserved). Powered By dnetsystems.net dnet�

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