Omisore

Another high court judge yesterday withdrew from further participation in the on-going trial of Senator Iyiola Omisore, former deputy governor of Osun State now standing trial for conspiracy and murder of former Justice Minister and Attorney General of the Federation, Chief Bola Ige.

Mr. Justice Mashood A. Abass who only last week took over the case from the former trial judge, Mr. Justice John Olagoke Ige,said he cannot adjudicate on the case due to the "untold pressure... from unexpected quarters" in addition to threat to his personal life. Omisore, who the judge last week ordered remanded in prison will, however, remain in jail.

Justice Abass became the third trial judge - after Ige and Justice Atilade Ojo - to withdraw from the trial of Omisore on various grounds.

Justice Abass is, however, the only one to attribute his withdrawal to external pressure, which he said cannot make him "with all conscience and every sense of responsibility continue to adjudicate on the matter".

He said for him to continue with the trial it would be tantamount to "launching a serious assault on the 120-word oath of office I took as a judicial officer".

"To continue with the case will also be a breach of the solemn pledge I made when I became a judge i.e to administer justice without fear or favour and without ill-will or affection", he added.

Yesterday's court drama began to unfold itself immediately after the case had been called with the accused person in the dock.

Shortly after the various counsel announced their appearances, the expectation was that the defence counsel, Mr Kunle Kalejaiye would,as ordered by the trial judge,open his address to justify why the court should sustain the previous bail Justice Ige granted Omisore.

But this was not to be.The judge proceeded to calmly write his ruling for about 20 minutes after which he read the following verdict to a stunned court room: "It is on record that my learned brother, honourable Justice J.O. Ige sent this case to the honourable Chief Justice for re-assignment on the 4th of July, 2003.

"On the 11th of July, 2003,the honourable Chief Justice assigned this case to me to handle. I then gave Thursday the 24th of July, 2003 for the parties to appear before me.

"When this case came up that day,counsel to the accused person made a casual application orally urging me to allow the bail granted to the accused by my learnered brother.

"Following the application I invited counsel to address me whether I was bound to continue to grant bail by virtue of the fact that my learned brother granted bail to the accused.

"Counsel then sought and obtained adjournment till today to address me on the issue. I then made an order remanding the accused person in prison custody. Since I made the order of the remand of the accused person last Thursday and up till about 10 minutes before I sat this morning, I have been under untold pressure and threat from many quarters urging me to arrive at a particular decision even before I listen to the accused.

"Let me make it clear that as a muslim,the teaching of my religion is very clear about death being the ultimate. I am therefore not bothered about any such threat. I am, however, worried about the untold pressure coming from,as it were,unexpected quarters.

"When I first took oath of office of the Oyo state high court, I pledged to uphold the provisions of the constitution of the Federal Republic of Nigeria to the letter. The provisions of the constitution do not allow me to form an opinion before I have benefit of presentation of the case or address of the counsel.

"The situation I have found myself as a result of the above stated fact is such that I cannot with all conscience and every sense of responsibility as a judge continue with adjudication in this matter without launching a serious assault on the 120-word oath of office I took as a judicial officer.

"To continue with this case will also be a breach of the solemn pledge I made when I became a judge (i.e) to administer justice without fear or favour and without ill-will or affection.In view of the fore going, I hereby remit this case file to the honourable Chief Justice for re-assignment to another judge".

After the ruling there was a mild confusion on whether Omisore should be allowed to go home on bail or sent back to prison custody.

The issue was, however, resolved after the senior warder who brought Omisore to court approached the trial judge in his chambers and came out with another remand warrant.

But Kalejaiye told newsmen that since the judge had vacated his jurisdiction on the matter,the previous status quo ought to subsist with Omisore being allowed home on bail which he had enjoyed until last Thursday.

He said he would be exploring all avenues to get justice for his client.

In its own reaction,the Ife community described the development as a "judicial mess".

The community also called on well-meaning "Nigerians to intervene to save their son from being sacrificed on the altar of political expediency".

Meanwhile, there are indications that Justice Abass has been transferred out of Ibadan Judicial Division.

THISDAY checks revealed that the judge who was tranferred last week to Ogbomosho Judicial Division had been scheduled to move to his new station in October at the end of the annual judicial recess. The recess begins on August 1.

However, THISDAY could not confirm whether the transfer was one of the reasons why the judge decided to withdraw from the trial.

It could also not be confirmed whether the transfer actually came before or after the judge received the case file on Omisore from the state Chief Judge.

On the nature of the pressure on Justice Abass, credible sources told THISDAY about the deluge of telephone calls to the judge's chambers from those seeking to convince him on why he should rule in a particular direction.

Sources said when the telephone bombardment became overwhelming Justice Abass had to stop receiving the calls himself by directing his clerk to answer the phone.

Sources also said that an attempt was actually made to physically bribe the judge by some gentlemen who walked into his chambers making monetary offers to induce a particular ruling.

At the time of going to press, it could not be ascertained whether those putting pressure on the judge wanted to get Omisore out of jail or to ensure that the senator does not regain his freedom pending trial.