Posted by By OLA AGBAJE on
Former Chief of Army Staff (COAS), Lt-General Ishaya Bamaiyi has case to answer over the February, 1996 attempt on the life of The Guardian Publisher, Alex Ibru.
Former Chief of Army Staff (COAS), Lt-General Ishaya Bamaiyi has case to answer over the February, 1996 attempt on the life of The Guardian Publisher, Alex Ibru.
The trial judge, Justice Joseph Oyewole of Lagos State High Court gave the verdict while delivering ruling in an application for no case brought by Bamaiyi.
According to the judge, the prosecution has successfully established a prima facie case against the accused and what is required of him now is to open his defence proper so that the court can decide whether he is guilty or not.
Apart from Ibru, Bamaiyi will also defend himself against the alleged attempt on the life of one Isaac Porbeni, for which the court also agreed with the prosecution that a prima facie case has been established against him.
In dismissing Bamaiyi's application for no case, the court discountenance with the submission of the application's counsel, Osahon Idemudia, who had argued that the evidence of the prosecution witnesses was not credible and could not be relied on.
'At this stage, in a no case submission, a defence counsel, relying on the absence of evidence to prove an essential ingredient of the alleged offence, stands on surer footing than one relying on the unreliability or lack of credibility of the prosecution witnesses.
'This is mainly because, at this stage of a no case submission, only one side of the case has been heard and it would be premature and prejudicial to comment on the evidence or facts of the case at that stage," the court held.
According to the trial judge, the court cannot embark on any evaluation of evidence at the no case submission stage, while also noting the same measure is applicable to the issue of supposed absence of the accused at the allege scene of crime as the application of 'common intention" as raised in the course of argument on the application.
Similarly, Justice Oyewole held that submissions on the applicability of the Section 239 of the Armed Forces Act and the supposed non-criminality of the alleged conduct in the issue, cannot arise in the absence of evidence on record to that effect.
Consequently, the court ordered the accused to enter his defence as he has been prima facie linked with each of the said four counts, which requires explanation from him.
The court has fixed continuation of trial for today.