Posted by Mustapha Ogunsakin and Edegbe Odemwingie on
JUSTICE Olubunmi Oyewole of a Lagos High Court, sitting in the Ikeja Judicial Division yesterday dismissed....
JUSTICE Olubunmi Oyewole of a Lagos High Court, sitting in the Ikeja Judicial Division yesterday dismissed a bail application brought by former Chief of Army Staff (COAS), Lt.-Gen. Ishaya Rizi Bamaiyi. Instead, he ordered the state to ensure that Bamaiyi obtains the best medical attention to enable him begin his medical fitness for trial.
Bamaiyi who is standing trial for the attempted murder of Mr. Alex Ibru, the Publisher of The Guardian in 1996, had on June 6, 2006 filed an application asking the court to grant him bail on the grounds of ill-health. He is being tried along with four others: James Danbaba, Major Hamza Al-Mustapha, Col. Jubril Bala Yakubu and Sergeant Mohammed Rabo Lawal.
At the last adjourned date, the prosecution counsel, Mrs. Bisi Ogungbesan, in opposing the bail application had submitted that "the ailment of the applicant could be well managed at the Lagos University Teaching Hospital or anywhere outside the said hospital without his being released on bail."
When the matter came up for hearing yesterday, the trial judge told the court that the issue of poor health as special grounds for grant of bail to a detainee had received considerable judicial attention but he was unable to exercise his discretion in favour of Bamaiyi by granting him bail.
In the ruling, Oyewole addressed the issue of delay raised by Bamaiyi lawyer, Mr. Wahab Shittu. He said: "On the said issue of delay, while not in a position to comment on what may have led to the abortion of the previous trial in which seven witnesses were said to have testified, the records of the court from October 2003 when this court became aware of this cases, shows that unlike the pattern in many criminal cases, the prosecution had played little or no part in the delay here as there had always been an assurance of availability of prosecution witnesses".
He added that "on the part of the defence the present application is about the 31st formal interlocutory application, and this is without considering the numerous oral ones that were dealt with summarily, and apart from adjournments necessitated by the circumstances at one or the other of the accused persons."
In dismissing the bail application, Justice Oyewole informed the state prosecution of its responsibility of guaranteeing the good health of Bamaiyi and therefore reinforced his earlier order that he be given the best medical attention available.
Reacting to the ruling, Shittu described it as "very shocking" but thanked the judge for what he termed "a considered decision".
The matter was adjourned till September 22, 2006 to ascertain the health status of Bamaiyi so as to fix a date for trial to begin.