Bamaiyi asks court to acquit him

Akeem Nafiu, Lagos - 11.03.2008

DUE to contradictions in statements made by state witnesses and lack of evidence, former Chief of Army Staff, General Ishaya Bamaiyi, on Monday urged an Ikeja High Court, Lagos, to discharge and acquit him.

Bamaiyi made the declaration during the presentation of his final address presided over by Justice Olubunmi Oyewole through his counsel, Mr. Osahon Idemudia.

Idumudia told the court that he intended to contest failure of the state to prove the allegations of crime against the accused person (Bamaiyi) beyond reasonable doubt in respect of all the four-count charges preferred against him in the information filed.

The accused is facing a four-count charge of conspiracy to commit murder, attempted murder and grievous bodily harm on Publisher of The Guardian newspaper, Chief Alex Ibru and Mr. Isaac Porbeni.

The state only called seven witnesses and failed to tender any exhibit. No reasons or explanations were given not to call the other 10 witnesses or tender any of the listed exhibits.

Idemudia stated that out of the 17 witnesses listed by the state as witnesses, only seven were called to give their testimonies.

“This submission is strengthened by the testimony of the accused person that the allegations against him were trumped up as punishment for his refusal to support the accession to office of the immediate past president, Chief Olusegun Obasanjo.

Idemudia further submitted that “mention must also be made of the absence and failure of the state to call C. Obono, the ballistician, and failure of the state to tender in evidence the ballistic report and the three empty shells of 5.39 ammunition believed to have been recovered from the crime scene.

“No evidence of investigation was proffered neither did the state oblige the defence team with the special investigative report despite numerous reminders.