Bamaiyi’s suit stalled

Akeem Nafiu, Lagos - 26.02.2008

Proceedings at the on-going trial of the former Chief of Army Staff, Lieutenant General Ishaya Bamaiyi, over his alleged role in the assasination attempt on the publisher of The Guardian, Mr. Alex Ibru, ended abruptly on Monday following an attempt by the prosecution to ambush the defence by presenting an evidence that was not specified in the proof of evidence.

The prosecution team, led by the Lagos State Director of Public Prosecution, Mrs. Bola Okiki-olu Ighile, while cross-examining the accused, had sought the permission of the court to show video recordings of proceedings at the special investigative panelthat investigated General Bamaiyi in 1999.

The request was opposed by the defence colunsel, Mr. Osahon Idemudia, on the grounds that the material evidence was not included in the proof of evidence, saying that the action was a sheer ambushing.

“I will object to the tendering of any document or such recorded material, as being claimed by the prosecution, because it was not in the proof of evidence. The position of the law is for the prosecution to disclose what is in the proof to the defence. Anything different from this is trial by ambush, it is unacceptable,” he said.

Responding, Mrs. Okiki-olu Ighile said the prosecution had a duty to confirm the accuracy and credibility of the statements of the accused person.

She insisted that the material evidence is relevant to the matter and as such the court should allow it.

In his ruling, the judge, Kayode Oyewole, queried the action of the prosecution, wondering how fair hearing could be achieved in the matter since the defence was never informed of the existence of the material evidence by the prosecution.

He directed the prosecution to immediately bring to the notice of the defence the existence of the material evidence.