Posted by By KENNY ASHAKA, Kaduna on
The trial of the former Governor of Bayelsa state, Chief DSP Alamieyeseigha took a new turn Wednesday as the federal government dropped three of the 19 count charges preferred against the detained governor.
The trial of the former Governor of Bayelsa state, Chief DSP Alamieyeseigha took a new turn Wednesday as the federal government dropped three of the 19 count charges preferred against the detained governor.
The three charge s dropped bothered on bribery and corruption as the former governor was said to have asked for and accepted for himself various sums of money through some nominees.
The government however retained charges relating to money laundering, false declaration of assets and illegal acquisition of property contrary to the Code of Conduct Bureau and Tribunal Act cap 56 of 1990.
The prosecution led by Rotimi Jacob, a lawyer appointed by the Attorney General of the Federation and Minister of Justice, Chief Bayo Ojo had earlier withdrawn the 19 count charge earlier filed at the tribunal and substituted it with an 18 count charge.
Tribunal Chairman, Justice Bashir Sambo adjourned hearing on the matter to Wednesday December 21, 2005 when Alamieyeseigha is expected to be arraigned before it.
Jacob had asked the tribunal to strike out the 19 count charge earlier filed and prayed the tribunal to issue production warrant directing the Nigerian Police or the Inspector General of Police (IGP) to enable the prosecution produce the former governor in court.
According to him 'they need the document to enable them move him (Alamieyeseigha) from Abuja to Kaduna", adding 'we were making efforts to bring the accused person to court today but the police said they need the document".
Apparently happy with the impeachment of the governor, Rotimi submitted that the issue of immunity has suddenly become an academic exercise by the impeachment of the accused person, adding that the argument has been overtaken.
'We now intend to substitute the charges to the effect that he ceases to be governor from the 9th of December 2005 which was the date of impeachment. The previous application then has turned to a mere academic exercise."
He therefore appealed for adjournment till next week to enable the prosecution produce the accused person in court.
But counsel to Alamieyeseigha, Moses Ofeoshi submittd that he was not opposed to withdrawal of the charges and its substitution, but argued that the issue of his impeachment would amount to subjudice when canvassed since the case was already before a court of law.
Ofeoshi averred that the new charges were incompetent because it was not accompanied by a summary of evidence.
He said there should have been an affidavit in support of the charge and that the application was a breach of the procedure for filing charges.
He cited the case of the governor of Ebonyi state against Isuamana 2004 and said the application 'is an abuse of court process because nothing is before this court", pointingout that 'the court is not a father Christmas.
'They are saying that the statement of the accused has just been obtained today. Meanwhile, the accused has been in custody of the prosecution. The prosecution is in a hurry and they are not prepared. The court should help them.
'The court has said it wants to make sure that Justice is not only done, but that it must be seen to have been done. I will urge my Lord to live up to that billing. The court cannot approbate and reprobate".
Earlier, Edafe Emakpor, a lawyer who said he had the instructions of Chief DSP Alamieyeseigha to stand for him at the tribunal told the tribunal that the police have refused him access to his client.
'Let me quote the commissioner incharge of general investigation who is keeping Alamieyeseigha.
I am the commissioner, General Investigations. No lawyer has been allowed to see him. He refered me to a senior office through whom he said I can see the Inspector General of Police. The senior officer sent me back to the Commissioner, General Investiogations who later said I should find other ways of reaching my client.
Emakpor asked for a court order on the commissioner, General Investigations to allow him see his client so that the issue of who among the two counsel now standing for him should represent him in court would be resolved.
The government lawyer however countered, saying it would have been possible for the counsel to see his client if he had put in more efforts since the same police allowed Femi Falana to see Alamieyeseigha.
Justice Bashir Sambo ruled that the defence counsel should put in more effort in his bid to see his client and said judicial notice has been taken on the prosecution's application for a production warrant on the IGP or the Nigerian Police Force. He struck out the 19 count charge and adjourned hearing till December, 2005.