Ige: Oyo Govt Wants Omisore's Associates Discharged
From Ademola Adeyemo in Ibadan
The trial of the 11 suspects accused of conspiracy and murder of the late Attorney General and Minister of Justice, Chief Bola Ige, took a dramatic turn yesterday as the Attorney General of Oyo state, Mr. Lekan Latinwo, gave notice of government's intention to discontinue the case against four accused.
However, the presiding judge, Justice Atilade Ojo refused to discharge the accused persons, insisting on hearing from the lead prosecuting counsel, Chief Debo Akande (SAN), who was not in court yesterday.
Alani Omisore, Lambe Oyasope, Jelili Adesiyan, Kunle Alao Adebayo Adedamola (Fryo) and others were arraigned before the Ibadan High Court for alleged conspiracy and murder of Ige on December 23, 2001.
The other accused person, Senator Iyiola Omisore, was on June 25 discharged and acquitted at another high court whose judge cited "contradictions and inconsistencies" as well as "insufficient evidence in the prosecution's case."
However, when the other case resumed yesterday, Mr. Olubunmi Ogunniran, a state counsel informed Justice Ojo that he had an instruction from the state Attorney General to enter "a nole - prosequi" in respect of the four accused persons - Alani Omisore, Oyasope, Adesiyan and Alao who are political associates of Omisore.
In his ruling, however, Justice Ojo refused to discharge the accused persons, insisting on hearing from the lead persecuting counsel, Akande.
The ruling shocked the defence team led by Kunle Kalejaiye who described it as "unfair".
The legal officer who brought the application, Ogunniran also disagreed with the judge, saying that a nolle prosequi order is an order for discharge not an acquittal.
"It is a statutory power given to the Attorney General. Nobody can question the power vested on the A.G. Even this court cannot question the power.
"Chief Akande has been duly informed by this matter so, he does not need to be here if at all he is here, he cannot question the discretional power of the Attorney General," he said.
However, the judge insisted on seeing Akande. "The Attorney-General should come here and say whether Chief Akande is not representing him any more. I am adjourning the case till tomorrow (today) for Chief Akande or A.G. himself to be here," he said.
When Kalejaiye insisted that the court should discharge the accused persons, the judge replied, "Don't jump the gun, can somebody take your brief behind your back? Is that the practice at the bar? Let me write my ruling. I will be facing three wise men upstairs, I am not questioning the power of AG but if you are withdrawing a case from a counsel he needs to know and be heard."
"I am not looking at this case from political angle but from constitutional angle. Is Chief Akande still handling this case?" Justice Ojo asked.
After the ruling, relatives of the four accused persons who had arrived the court to celebrate their freedom were disappointed and they dispersed in silence.
Setting free Senator Omisore in a three-hour judgement last month, Justice Akinola Sanda, criticised the prosecution for slipshod handling of the investigation.
He declared: "Having regard to the myriad of contradictions and inconsistencies in the case of the prosecution and on the totality of evidence which is insufficient, the charge of conspiracy to murder cannot be sustained. The accused is hereby discharged and acquitted of the (charges of) conspiracy to murder."
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