BNW

B N W: Biafra Nigeria World News

Court Asked to Dismiss Bamaiyi's Appeal A court of Appeal sitting in Lagos was yesterday asked to dismiss the substantive appeal instituted by Major General Ishaya Bamaiyi (appellant) against the state, asking the court to quash the charge preferred against him for alleged attempted murder of Guardian Publisher, Chief Alex Ibru. Counsel to the state, Prof. Yemi Osibajo, (SAN), informed the court that the appeal was not competent enough because the charge on which it was predicate had been withdrawn before Justice Ade Alabi of a Lagos High Court. He said "as a result of withdrawal of the first charge preferred against the accused, another charge has been properly filed which is pending before Justice Olubunmi Oyewole. This application is wholly against the appeal in its entirety since it is not constitutional to entertain any matter that has been withdrawn. "The fact that the issue in the substantive appeal is fundamental does not matter at this point. My application for preliminary objection is to save the time of the court since the appeal itself does not have any merit. Since a new matter has started de novo there is no point going ahead with the appeal," he said. Counsel to the accused, Mr. Rickey Tarfa, (SAN), however said the application for a stay of proceeding which led to the substantive appeal was still pending before the lower court, adding that the appeal was still subsisting and competent. "There is no point dismissing the appeal since it is meritorious enough to be entertained. It is still pending before Justice Ade Alabi of the lower court", he said. Asking the court to uphold the grounds of appeal, he therefore told the court to incorporate the application for preliminary objection filed by respondent counsel into the substantive appeal so as to save the time of the court. Meanwhile, the three man-panel headed by Justice Pius Aderemi along Justice Datitijo Mohammad and Justice Christopher Chukwumah Eneh, said the court could not go ahead with the appeal because the court processes had not been properly filed. While adjourning the matter till September 28, the three-man panel urged counsel to the appellant to effect all court processes on other respondents in order to avoid unnecessary adjournment in the substantive appeal. Who Are We ? | About THISDAYOnLine.com | THISDAY People | Contact Us © Copyright 2000 Leaders & Company Limited

	BNW News
Voice of Biafra | Biafra World | Biafra Online | Biafra Web | MASSOB | Biafra Forum | BLM | Biafra Consortium
	© 2001 BNW BiafraNigeriaWorld  Privacy Policy ---------------------------------------------------------------------------------- Powered by ACENetwork ----------------------------------------------------------------------------------
	Axiom PSI Yam Festival Series, Iri Ji Nd'Igbo the Kola-Nut Series,Nigeria Masterweb