Omisore's Tortuous Journey To Freedom
By Godwin Ijediogor
FOR 18 months, the judiciary was in the news over the murder of a minister and the country's chief law officer.
If the trial of Omisore over the assassination of Chief Bola Ige on December 23,2001 could not be classified as a celebrated case, it rightly could be described as controversial. It suffered twists and turns.
When it ended yesterday, it was different strokes for different folks between Ige's Camp and Omisore's sympathisers.
Omisore had been standing trial on a two-count charge of conspiracy and murder of Ige. Now, the court has discharged and acquitted him. He may return to the Senate to assume his office as the Chairman of Senate Committee on Commerce and Industry, if the office is still reserved for him.
After the arrest of some suspects over the death of the former Attorney General of the Federation and Minister of Justice, Omisore, then Osun State deputy governor, had accusing fingers pointed at him as being a co-accomplice in the assassination.
He could not, however, be arrested or prosecuted because of the immunity he enjoyed by virtue of his former office.
But with his impeachment by the Osun State House of Assembly in 2002, he was sought after by the police and arrested on December 27, 2002, in what was described then as an invitation.
The senator fought and won a battle to be arraigned before a Magistrate court but finally ended up at an Ibadan High Court headed by Justice Atilade Ojo in March 2003. His counsel led by Mr. Kunle Kalejaiye sought a transfer of the case to another court.
The matter was then assigned to Justice Olagoke Ige, who granted him bail on health grounds.
This was greeted by public outcry, with the prosecution, family and friends of Ige declaring the development an abuse of court process. Consequently, the prosecution called for the transfer of the case to another court and judge.
The case was subsequently transferred to Justice Moshood Abass. This brought his joy to an abrupt end.
While the bail lasted, he joined in the inauguration of the National Assembly, having received the Peoples Democratic Party (PDP) ticket in the senatorial primaries and won election into the upper chamber of the country's legislature even while he was in prison custody.
On July 24, 2003, Justice Abass ordered him to be remanded in Agodi Prison, Ibadan and adjourned the case to enable the defence address the court.
A drama played out when Abass withdrew from the case, only six days after resumption of hearing, citing "pressures from unexpected quarters."
Finally Justice Akin Sanda took over. The case was finally heard and determined in his court.
Attempts by Omisore to revalidate his bail failed as his Justice Abass insisted on hearing the case. He had argued that he could not upturn the ruling of a court of equal jurisdiction.
Omisore was, however, not done as he approached the Appeal Court, where he again lost.
His no-case plea was dismissed by Justice Sanda, and his appeal at the appellate court in Ibadan also failed. He was returned to the prison.
At last, the hearing took off in Sanda's court. The accelerated hearing of the case gave hope and room for fair justice to both prosecution and defence.
The Ige family withdrew from the case, once Omisore was granted bail.
They suffered another loss with the death of Ige's wife, Justice Atinuke.
Omisore's alleged participation in the affairs of the National Assembly even in detention elicited criticisms from Ige's supporters.
During the trial, 15 witnesses were called by the prosecution, which at a time saw an open disagreement in the team between the lead counsel, Chief Debo Akande (SAN) and the Attorney-General of Oyo State, Mr. Lekan Latinwo over the latter's closure of the case in the absence of the former.
The prosecution relied heavily on the earlier confessional statements of one of those standing trial in the case, Olugbenga Adebayo (aka Fryo) and Omisore's interview with a news magazine.
The defence, which had Mr. Tony Idigbe (SAN) as lead counsel insisted that there was no link between actions of Fryo and the 11 others standing trial for the same offence. It said Ige's death could as well have been a result of armed robbery.
It relied on Fryo's later statement retracting his earlier confession, which a polygraph test (lie detector) proved to be true.
At the close of submissions by both prosecution and defence counsel, Justice Sanda on June 7, adjourned the case to yesterday for judgement. And when he rose from the bench yesterday, he found Omisore not guilty as charged and, therefore, acquited and discharged him.
