Last Wednesday, the third High Court judge to handle the trial of Senator Iyiola Omisore, Justice Moshood Abass withdrew from further participation in the on-going trial of Omisore who has been standing trial for conspiracy and murder of former Justice Minister and Attorney General of the Federation, Chief Bola Ige.

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

Abass had stated that for him to continue with the trial 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.

According to reports, the drama in court began to unfold immediately after the case had been called with the accused person in the dock.

Shortly after the various legal counsels 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 it was not to be as the judge proceeded calmly to 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".

Abass's ruling caused 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.

THISDAY checks however revealed that Justice Abass has been transferred out of Ibadan Judicial Division.

Abass 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.

The ongoing trial of Senator Omisore had drawn the ire of some prominent Nigerians notably Nobel Laurette, Professor Wole Soyinka. The erudite scholar embarked on what has turned out to be a sustained volley of verbal flak against President Olusegun Obasanjo and the ruling PDP.

Soyinka recently described as tainted the ruling Peoples Democratic Party (PDP), the Independent National Electoral Commission (INEC) and the Federal Government their handling of the murder of the late federal Attorney General and Justice Minister. Another angle to Soyinka's affront to President Obasanjo began on July 4, in a press interview granted by the professor. In the interview, Soyinka had alleged that the late Minister of Justice and Attorney-General, Chief Bola Ige had in his last letter to President Obasanjo stated that he (Ige) would ensure that the president won a second term in office but the president's party, the Peoples Democratic Party (PDP) would not win any seat at any level in the South-West geo-political zone during last April general elections.

The Nobel Laurette had stated; "He (Ige) wrote in the letter that he would work for the re-election of Obasanjo for the second term. But that he would ensure, with everything he had, that the PDP does not win one single seat in the South-West."

He had also alleged that the slain Minister of Justice had expressed concern over the antics of the PDP hinting that there was a plan by the PDP to overrun the South-West politically. "But he said he would not allow them to get way with their plan, that he was ready for them."

Soyinka stated that the other person who was privy to the late Ige's letter to the president besides hinmself is Professor Sola Adeyeye who is a member of the House of Representatives and the secretary of the United Democratic Front of Nigeria.

He disclosed that the late Deputy leader of the Afenifere and Chairman of the Board of Trustees of the Alliance for Democracy (AD) had intimated himself and Adeyeye of his intention to resign in the first quarter of 2002 in order to reposition the AD for the April polls.

Speaking further during the interview, Soyinka lambasted the authorities for the haphazard manner in which the investigation to unveil the killers of the late Minister of Justice was carried out, alleging that there was a deliberate ploy by the authorities to ensure that justice was not done. The implication of Soyinka's statement is that Ige's death could easily be located in the victory which the PDP would later win in the South-West at the April general elections.

Obviously unsatisfied by his statements against the president and the PDP, the Nobel Laurette recently thundered; "The ruling party is tainted, INEC is tainted, the government is tainted, and many individuals, even of a disposition to objective exoneration or 'benefit of doubt' are placed in the bitter position of being tainted by mere association with any of these entities", said Soyinka.

In a statement entitled "Dancing on Ige's Grave", Soyinka had queried why a prime suspect in the murder of Ige, Otunba Iyiola Omisore, could be feted and treated like royalty by members of the PDP who went ahead to "rig" him into office as senator representing Ige's constituency. He stated that: "I am convinced, beyond any further doubt that there exists within the ruling party, a nest of murderers. Their purpose is power, and to attain and retain this at all costs is a mission that habours a deep contempt for moral scruples. This nest is prepared to subjugate the rest of the nation to a reign of terror, backed by a display of contempt that is best expressed by a familiar Americanese: In your face!.

"We are speaking of a cabal that has exercised such influence in policy that there is no question in my mind that some of its members are to be found within the higher reaches of government where they have redefined governance as the exercise of impunity, with all its guarantees, extending this protective umbrella to all their underlings who carry out nefarious instructions without any fear of consequences," he stated. In a rather uncharacteristic manner, President Obasanjo who is normally taciturn in the face of the most virulent accusations took up Soyinka on the contents of the letter of the late Attorney-General to him (Obasanjo).

The president's letter to the Nobel Laurette which was reproduced in a national daily read thus: "It was with sheer disbelief and the utmost surprise that I read the contents of a statement which was credited to you by The Punch newspaper of Monday, 7 July 2003, where you supposedly exposed the contents of a letter that my good friend and former Attorney-General of the Federation, the late and distinguished Chief Bola Ige, wrote to me a few days before his tragic murder.

"In the said statement, you were quoted as saying, inter-alia, that Chief Bola Ige had written a letter to me a few days before he was assassinated in which he purportedly said that 'he was ready to assist in ensuring a second term for the President but that the Peoples Democratic Party (PDP) would not win in any part of the South West.' You went further by saying that Chief Bola Ige 'wrote in the letter that he would work for the re-election of Obasanjo for the second term but that he would ensure, with everything that he had, that the PDP does not win one single seat in the South-West.' You were also quoted as saying that, 'the slain minister was worried about the antics of the PDP which he said was pointing towards a sinister plan to overrun the South-West politically but that he would make sure that the PDP did not win one local government in Yorubaland.'

"Now assuming that you have been quoted correctly and that you have indeed said such things, my response is as follows. The letter which Chief Ige sent to me and which was dated 19 December 2001 did not contain even one of these statements which you alleged were contained therein."

Part of the letter from Ige which thepresident copied Soyinka read: "You Excellency will recall that early in June this year (2001), I indicated my wish to leave government in September 2002. Your Excellency would hear nothing on such suggestion and you said you would like me to stay on with you till the end of your term. I thanked your Excellency for such expression of your confidence in me, but added that I would raise the matter some time again. Two of our mutual good friends -- Brigadier-General Oluwole Rotimi and Prince Bola Ajibola -- have told me that they have each discussed the matter with you; the latter has told me that he discussed the matter with you recently at some length, and that your Excellency now seemed satisfied with the reasons why I should leave on 31 March 2002.

"I wish to reiterate some of the reasons. There is much work to be done in Yorubaland for the purpose of consolidating strong participation in the governance of this Federal Republic of Nigeria in an atmosphere of mutual tolerance, freedom from fear and suspicion, and assurance that Yorubaland has a pivotal role to paly in the sustenance of this Federal Republic. It is a complex situation which needs careful handling. I know and believe that I am up to the task. I will not be able to give enough attention to it if I remain in government beyond 31 March 2002. Although your Excellency and I may not be on the same wavelength when it comes to the issue of the federal structure of Nigeria and the inevitability of a national conference for a new constitution for the Federal Republic of Nigeria, I have found, in the last thirty months, that you are probably the most fervent Nigerian nationalist I have ever met, and your utter commitment to the unity of Nigeria even to the point that I sometimes fear that you may not care much about federalism is genuine...As you are no doubt aware, I am a disciple and apostle of Obafemi Awolowo, and I intend to harness the efforts of all of us who believe in his political philosophy towards the attainment and enhancement of the greatness of this country, taking into consideration, of course, of the facts on the ground at this point in time.

"Your Excellency is also aware that I have a pivotal role to play in my party, the alliance for Democracy (AD). While you are engineering your party (PDP), I need to strengthen my own, so that in 2003, there will be a credible, strong, clean national government in which the major parties will be well represented. In that regard, it is not merely because of our personal friendship that I wish it, it because I believe it will be the best for Nigeria, for all nationalities, and for Yorubaland which is my primary constituency. My prayer is that nothing will happen adversely which will frustrate the fond hope.

"I am glad to report to your Excellency that work has almost ended on the putting together of the Laws of the Federation of Nigeria 2002. By the first or second week of January 2002, we should have the "clean copy" which will enable us to go to print electronically and in paper. Before I leave on 31 March 2002, everything will be ready, God willing."

Now the question is: was Soyinka wrong to input that Ige's resignation had to do with his desire to make AD impregnable in the South-West?

Though the letter from the late Attorney-General did not make any direct references to ensuring that the president's party, the PDP would not win any seat in the South-West, Ige's intention to resign in order to strenghten his party's (AD) position in the South-West hinted at this. The late Attorney-General's reference to the the role played by President Obasanjo in engineering his own party, the PDP and the need for Ige to do same for the AD implies a foreknowledge of ongoing plots and emerging events on the political terrain within the zone.

Soyinka's claims of the late Minister of Justice support for the president was butressed by the adulation poured on President Obasanjo by Ige thanking the president for the opportunity to serve and also for the president's support and show of affection towards his (Ige) family. Rather unexpectedly, Professor Sola Adeyeye, one of those mentioned by Soyinka as being privy to the late Ige's letter, midweek, reacted to the president's claim that Soyinka had goofed in his disclosures about the late Minister of Justice's letter.

Speaking, Adeyeye a former United States university don, described Soyinka's revealtions as "absolutely factual". He disclosed that indeed the late Attorney-General had opened up to him on his (Ige) fears about a grand design against the AD which he (Ige) wanted to checkmate. "I can tell you one thing: This is the truth before almighty God: Everything Soyinka said was the truth and anybody who knew Bola Ige knew that he loved Obasanjo; he wanted people to support Obasanjo but he wanted to make sure that the PDP did not take Yorubaland. Tht was the fact. It was not something that Bola Ige said secretly. He said it openly. When, infact you read the letter to which the president was alluding, a copy of which I have and you read the statement that Wole Soyinka made, you frankly cannot understand on what basis the president is pretending to have an axe to grind with Wole Soyinka because the truth in this issue of the position of Bola Ige was never hidden. I love the president. I consider him as an uncle, but the truth of the matter is that he is not a man who enjoys being corrected."