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“It is Bail or Death for Bamaiyi”
–Wahab Shittu, counsel to detained former Chief of Army Staff, Lt. General Ishaya Bamaiyi
By Iyke Kalu
Wahab Shittu
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What is responsible for stalling the trial of Gen eral Bamaiyi all these years?
The trial started in 1999. In analysing the trial, the issues involved are both legal and political. The persons on trial are not just ordinary suspects. They are key figures in the administration of late General Sani Abacha. We have General Bamaiyi, who was the Chief of Army Staff in that regime, we have Major Hamza Al-Mustapha, who was the Chief Security Officer to the head of state. We have James Danbaba, who was the Commissioner of Police for Lagos State in that regime. We have Jubril Yakubu, who was the administrator of Zamfara State in that regime and we have Rabo Lawal, who was the head of MOPOL unit in Aso Rock. These were the characters on trial by another regime, which is not favourably disposed to that regime.
The delay in the trial is brought about by a lot of factors namely use of court process by parties to the criminal action;
the transfer of the case from one judge to the other the case has been tried by two or three judges – the denial of bail to the accused persons and;
the sensitive nature of the case.
Is it true that the continued adjournment of the case is a deliberate attempt by the accused persons to delay trial until this government leaves office?
I am not in a position to confirm that.
Is General Bamaiyi being taken care of by the government at the hospital?
He is under the custody of the state. He is partly footing the bill but the man’s condition is critical.
What is the next line of action?
We have written to the Attorney-General of Lagos State to separate the charges of Bamaiyi from that of the rest.
Does the law make provision for bail to be granted to an accused who is standing trial on health grounds. This question is necessary because Honourable Maurice Ibekwe, a member of House of Representatives, who was standing trial, continuously applied for bail so that he could treat himself but this was not granted until he died in detention.
The courts have repeatedly upheld ill-health of an accused as amounting to a special circumstance, warranting the court's discretion in granting him bail, as decided in the cases of Ogbomhe vs Commissioner of Police (COP) (2000), Anaekwe vs Commissioner of Police (1996), Ani vs The State, where pre-conviction bail was granted to the accused in respect of capital offences on health grounds and the case of Fawehinmi vs The State where bail was granted after conviction.
Is granting Fasheun bail on health ground and refusing Ibekwe bail on health ground not indicative of double standard by the judiciary or government?
When you grant bail to someone on health ground, you want to secure his life so that he can face his case because only somebody who is alife can face trial or somebody who is alive that can shout hallelujah. If you are dead you cannot face any prosecution. So if there is any evidence that somebody is dying, it behoves the court to grant such a person bail so that he can properly attend to his health, to enable him come subsequently to attend to his case file.
Ibekwe’s case was quite unfortunate. May be the court was not convinced that he was really sick. He was looking healthy at the time he approached the court. So the court thought he was trying to make a pretence. Unfortunately, everybody is regretting that occasion.
What can be done to forestall the incidence of Maurice Ibekwe happening in this Bamaiyi matter?
It is for the court to grant Bamaiyi bail immediately and arrange for him to be flown abroad to receive urgent medical attention. This man has rendered services to this country. He was formerly the Commander of Brigade of Guards under the Babangida regime for eight years and you remember the role he played in foiling the Gideon Orkar coup. So, Bamaiyi is somebody who has contributed so much in guaranteeing the security of this country both locally and internationally. As a former Chief of Army Staff, I think such a person should be given very humane and sympathetic considerations. And considering that until his guilt is established, for now he is innocent.
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