|
Missing ship: Naval chiefs reject panel members
Kunle Adeyemi and Francis Famoroti
Two of the three naval chiefs being court-martialled over their roles in the disappearance of an oil-laden ship, M.T. African Pride, have challenged the competence of key members of the panel to try them.
Just as the trial was about to get underway at the NNS Quarra, Western Naval Command, Apapa in Lagos on Wednesday, Rear Admirals Babatunde Kolawole, and Francis Agbiti, objected to the constitution of the panel.
Kolawole was until the incident Flag Officer Commanding Western Naval Command, while Agbiti was the Chief of Training and Operations.
The third accused, former Deputy Commandant Armed Forces Command and Staff College, Jaji, Rear Admiral Antonio Bob-Manuel, raised no objection.
Immediately the court presided over by Rear Admiral Joseph Ajayi, began sitting at 3:40pm, Kolawole said he was opposed to the membership of Rear Admiral A.O. Oni.
The reason, according to him, was that the Chief of Naval Staff, Vice Admiral Samuel Afolayan, sent Oni to him to vacate office on October 1, after the scandal blew open.
Kolawole�s counsel, Lt. Col. Akin Kejiawa, told the panel that given Oni�s role, he could not claim ignorance of what had happened and that his impartiality was in doubt.
Agbiti, on the other hand, objected to the inclusion of Ajayi and Oni on the panel. He alleged that the presiding officer of the court had once accused him of plotting to kill him (Ajayi).
He also claimed that Ajayi had once accused him of trying to remove him from the Navy.
The accused naval chief further claimed that Oni allegedly sponsored a story in a magazine where he [Agbiti] was accused of plotting to kill the wife of President Olusegun Obasanjo, Stella, during her trip to India.
Agbiti also claimed that Ajayi could not be expected to be impartial in the trial as he was nursing a grudge against him for his (Agbiti) refusal to recommend an officer in the Navy for training abroad.
The accused officer also described two of the members of the court martial, Major General Patrick Akpa and Air Vice Marshal A.O. Odesola, as his juniors, claiming that since he was promoted as Rear Admiral three days ahead of them, they could not sit in judgment over him.
According to Agbiti, �The whole idea [of the court martial] is just saying put him in the coffin, nail him and get him buried alive.��
At this juncture, the panel went into a closed-door session at about 4.10 pm.
When it reconvened at 6.05pm, the panel�s president said the members had considered all the objections by the accused persons, especially those by Agbiti and found that they lacked merit.
He consequently overruled them, saying the panel would go ahead with the suspects� trial.
Before the panel members swore to an oath that they would deliver justice without prejudice to any of the parties to the case, Ajayi asked the chief prosecutor whether he was ready to continue with the case.
The chief prosecutor, however, said he needed sometime to study the draft charges and interview the witnesses in order to present the case logically and sequentially.
He said, �We were just briefed on October 18 and we had just a few days to prepare. Some of the documents we have are photocopies which are not clear. And we need time to rectify all these.�
The chief prosecutor suggested that the case be adjourned till next Thursday.
But Ojo, lead counsel for Bob-Manuel, objected to the adjournment on the grounds that when an accused person is arraigned, the charge must be immediately read to him and his pleas taken.
Wole Olanipekun, a former president of NBA and lead counsel to Agbiti, also supported Ojo�s position.
He said his client, a senior Naval officer, was not brought to the venue of the trial for �a mere parade.�
Olanipekun said the prosecutor should read the charge as stipulated by Section 215 of Criminal Procedure Act.
But the leading prosecutor, Brig-Gen. Idada Ikponmuoen, objected and argued that the counsel did not need to announce appearances yet since proceedings had not started.
The panel then decided that the prosecution should make all necessary documents, including proof of evidence available to the defence by noon on Friday.
It consequently adjourned till Monday.
Other members of the seven- member panel are, Real Admiral Amos Adedeji; Rear Admiral Christopher Ehamor; Major-Gen. Patrick Akpa; Air Vice Marshal S.A Odesola; Rear Admiral A.O Oni; and Colonel John Audu as judge/advocate.
The prosecuting team included Brigadier-General Idada Ikponmuoen (rtd) as the chief prosecutor assisted by Messrs John Asemota, Paul Okone, and Capt. J.O Olanrewaju.
The defence team included the President of the NBA, Chief Bayo Ojo (SAN); immediate past predecessor, Chief Wole Olanipekun (SAN); Lt Col Akin Kejiawa [rtd]; Colonel Bello Fadile; Mr. Sunny Odunwo; Wale Aribatishe; and Boniface Amusu.
As soon the trial begun, it was observed that of all the three accused, only Kolawole did not appear in Navy ceremonial attire.
Asked why he did not appear in the attire, he said his ceremonial robe was in Abuja.
Though all the accused persons looked downcast, as they stepped into the trial venue, they, however, radiated confidence.
Interestingly, some senior members of the Navy, including the Naval Director of Information, Capt. Senibi Hungiapuko, were present at the proceedings.
About 60 persons, including newsmen, observed the panel�s sitting.
The PUNCH, Thursday, October 28, 2004.
|
