Court frees Omisore's cousin, three others
From Iyabo Sotunde, Ibadan
JUSTICE Atilade Ojo has discharged and acquitted four suspects on trial over the murder of the former Attorney-General of the Federation, Chief Bola Ige.
Before his ruling yesterday, the Ibadan High Court Judge had rejected the request of the Oyo State government to withdraw its nolle prosecui application.
The state government, which on Monday sought freedom for the four suspects, who are acquaintances of the former Osun State Deputy Governor, Chief Iyiola Omisore, returned to court yesterday, seeking to continue with the case.
But Justice Ojo turned down the prayers and freed the four accused persons.
Ten suspects until yesterday were being tried over the murder of Ige.
The state government had on Friday, July 16 entered a nolle Prosecui of the four accused persons.
Those freed by the court are Omisore's cousin, Alani Omisore, former secretary of the Alliance for Democracy (AD) in Osun State, Jelili Adesiyan, former Commissioner for Commerce, Kunle Alao and one-time chairman of Ife-East Local Council, Mr. Lambe Oyasope.
On Monday, a legal officer from the Oyo State Ministry of Justice, Mr. Olubunmi Oguniran, representing the prosecution had informed the court that the Attorney General and Commissioner for Justice, who signed the application for "nolle" was constitutionally empowered to apply for the discontinuance of the case, a request the court was bound to grant.
The defence counsel, however, did not object to the application, but Justice Ojo insisted that the lead prosecutor, Chief Debo Akande (SAN) must be heard.
Ojo said since Akande was briefed to handle the case, it was only right to hear him.
He, therefore, adjourned till yesterday to enable Akande come to court.
When the sitting began yesterday, the state government announced its decision to withdraw its earlier application to discharge the accused persons.
It did not give any reason for the action, but another legal officer, Mr. Bayo Adegbite, said the attorney-general has the inherent powers to enter a 'nolle' and also to withdraw it.
Adegbite argued that by virtue of Section 33 of the Criminal Procedures Laws of Oyo State 1978, the attorney-general has the power to re-institute the case after nolle had been entered and granted by the court.
"It is my humble submission that the power to withdraw nolle after it had been entered is that of the attorney-general. The power granted the attorney-general under Section 211(1)(2)(3) thereof is not subject to the discretion of the court. While the power is granted by the Constitution, the procedure as to how it should be exercised is not provided in the Constitution or any other law," he stated.
Adegbite further argued that the application could be made orally, adding all it needed to be shown was that the attorney had been properly delegated.
The defence counsels were divided on the matter. Some insisted that the attorney-general lacked the power to withdraw the applications, others said the constitution empowers him to do so.
Mr. Gboyega Oyewole, who represented Omisore urged the court to reject the application, which he said was belated.
He stated that there was no application before the court seeking the withdrawal of the request to discharge the accused persons.
Mr. Kunle Kalejaye, who represented Adesiyan, Alao and Oyasope, said once a nolle was filed, "the proceeding is terminated and what is left for the court is to formally pronounce on the termination."
The duo of Segun Fadeyi and A.A. Olatunji who stood for Adebayo Adegoke, Karimu Lawal Nelson Kumoye and Oluwole Ogunjimi (aides of Ige), argued that the attorney-general has the power to institute, continue or discontinue proceedings.
Justice Ojo, who agreed that it is the constitutional right of the attorney-general to file a nolle, remarked that he must follow the right procedure.
Said he: "Why are you fighting shy You do not want people to know that you are filing a nolle now that they know you want to withdraw it.
"We are not a political party here, we have to follow the law and not exercise jungle justice. We know it is the right of the attorney-general to file a nolle but should he not follow the right procedure
"The government can fire the attorney-general if he misuse the power given him," Justice Ojo warned.
The judge, who stood down the case for almost seven hours to write his ruling, dismissed the application by the prosecution, which he said lacked merit. He consequently freed the four accused persons.
