LAGOS—THE Lagos State Attorney General and Commissioner for Justice, Professor Yomi Osibajo will today argue his case to convince Justice Joseph Oyewole why he should not hands-off the criminal trial of former Chief of Army Staff (COAS), Lt. General Ishaya Bamaiyi (rtd), Major Hamza Al-Mustapha (rtd) and three others over alleged attempt on the life of the Guardian publisher, Mr. Alex Ibru in 1996.
Al-Mustapha, former Chief Security Officer (CSO) to late General Sani Abacha had through his counsel, Mr. Olalekan Ojo urged the trial judge Justice Oyewole to disqualify himself from continuing with the on-going trial.
Bamaiyi, former Lagos State Police boss, Mr. James Dambaba; former Zamfara State military administrator, Col. Jubri Bala Yakubu; Major Al-Mustapha and CSP Rabo Lawal are presently before Justice Oyewole to answer charges of attempted murder on Mr. Alex Ibru in 1996.
The present state Chief Judge, Justice Ade Alabi withdrew from the case on September 16, last year after four years citing as reason the need to protect the integrity of the bench.
Opening his arguments yesterday on why the new trial judge should decline jurisdiction in the matter, Mustapha’s lawyer, Mr. Ojo informed the court of Mustapha’s inability to meet members of his family to raise money to prosecute his case.
According to him, it was difficult for Al-Mustapha to even provide money to photocopy some of the court’s process. He then urged Justice Oyewole to grant an order permitting one of his (Mustapha) brothers to visit him in the government’s custody where he is being kept over allegation of security breach.
Justice Oyewole declined any pronouncement on his prayer while directing him to commence his arguments on the issue of jurisdiction raised.
Ojo argued that his client’s motion is predicated on the fact that he had no confidence in the trial court on the grounds of bias and likelihood of bias, against the accused persons.
According to him, Section 36 (I) of the 1999 Constitution granted Al-Mustapha the right to challenge the court whenever he feels any impartiality in his trial.
He submitted that Mustapha also has another motion challenging the correctness of the court’s proceedings of the on-going trial, and urged the court to set aside the entire proceedings.
He argued that it would be out of place for the court not to have responded to the allegation of bias or likelihood of bias raised against it.
According to him failure to do this would be regarded as admissibility of the allegation so raised by the applicant.
Citing the case of Ojengbede vs Esom, 1987 4 NWLR Pt 55, Ojo said the Supreme Court held that “where allegation of bias is made against any judge, the motion must be served on the registrar of the court to enable the registrar sign an affidavit to the allegation made against the judge”.
