You must answer charges against you - Court tells Bamaiyi

Akeem Nafiu, Lagos - 19.02.2008

An Ikeja High Court, presided over by Justice Kayode Oyewole, has dismissed the no-case application brought by the former Chief of Army Staff, Liutenant General Ishaya Bamaiyi, currently standing trial over his alleged role in the assasination attempt on the life of the publisher of The Guardian, Mr. Alex Ibru.

With this ruling, the coast is now clear for the accused to defend the four-count charge of conspiracy to commit murder, attempted murder and causing of grievous bodily harm levelled against him by the Lagos State government.

Giving ruling on the matter, the judge noted that the issue for determination was whether or not the prosecution hads made a prima facie case against the accused sufficient for the court to call on him to enter into his defence, saying that the meaning of a submission that there is no case for an accused person to answer is that there is no evidence on which, even if the court believes it, it could convict.

“All that the law requires a court to determine at this stage is whether the prosecution has made a prima facie case, it is not to evaluate evidence or consider the credibility of witnesses,’’ the judge said.

The judge’s statement was in response to the allegation by the defence counsel, Mr. Osahon Idemudia, that there had been no evidence to prove an essential element in the alleged offences and that the evidences adduced by the prosecution had been discredited on cross-examination.

The judge also submitted that the submissions of the defence counsel as regards the applicability of Section 239 of the Armed Forces Act and consequently, supposed non-criminality of the alleged conduct in issue cannot arise in the absence of evidence on record to that effect, saying that a vital evidence cannot be subtituted with counsel’s submission.