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Omisore back in gaol as court voids bail deal

By Sina Babasola
Friday, July 25, 2003

 IBADAN — AN Ibadan High Court, yesterday, revoked the bail granted Senator Iyiola Omisore and directed that the former Osun State Deputy Governor be remanded in Agodi Prison, Ibadan.

Senator Omisore who is facing a two-count charge of conspiracy and murder of Chief Bola Ige (SAN) had been granted bail on May 30 by Justice John Ige.

Justice Mohammed Abbas who took over the case last week revoked the bail when hearing in the case resumed in his court. That was after the Oyo State Director of Public Prosecution (DPP), Mrs. Olubunmi Oyesina, had told the court that the prosecution was not opposed to Omisore’s bail.

The accused himself arrived the court late, prompting Justice Abbas to ask him why he did so. Responding, Chief Omisore’s counsel, Otunba Kunle Kalejaiye said: "The accused person went to the Ring Road premises of the Oyo State High Court thinking that Court 20 was there before he was directed to Iyaganku." The former Osun State deputy governor entered the court room at exactly 9.07am, seven minutes after the court commenced sitting.

Otunba Kalejaye said: "Subject to your lordship’s convenience, my learned friend and I have agreed to 22nd September. By that time, we will be able to parade our witnesses in court." But Justice Abbas replied that he wanted the accused person’s plea to be taken so that he could assume jurisdiction.

The statement of offence was then read out to Omisore and he was asked if he understood the charges read out to him. He answered in the affirmative, and "pleaded not guilty to the two-count charge of conspiracy and murder of Chief Ajibola Ige, former Justice Minister of the Federation."

After the plea was taken, Otunba Kalejaiye reminded the court that the accused person had been granted bail on May 30, 2003 and pleaded with the court to allow the bail to stay, whereupon the trial judge turned to the DPP and asked if there was any objection. "We have no objection to the bail," responded Mrs. Oyesina.

The judge said: Are you aware that the accused person is standing trial for murder?

The DPP: Yes, my lord.

The judge then asked the defence counsel to address the court on "whether I am bound by the ruling of my learned brother to grant the accused person bail."

The court then adjourned till Wednesday, 30th July for the defence to address the court on the bail. He directed that the accused be remanded in prison custody till Wednesday, 30th July."

Reacting to the ruling of the court, Otunba Kalejaiye described it as very shocking. "The prosecution said no objection. I think the judge ought to have waited till next Wednesday before taking such a position," he said. Asked what he would do next, Otunba Kalejaiye said: "We will examine the events to see what we can do."

After waiting for more than an hour within the court premises, Senator Omisore was taken back to Agodi Prison in a Peugeot 504 car marked PS 142 A0/1 Oyo State amidst crying by his loyalists and relations.

Justice Ige while granting the first bail application in May had said he based his decision on two medical reports on the accused— the first by Omisore's private doctor and the second by the prison’s medical director. The medical reports said he had fainting attacks, dizziness and severe hypertension.

The court’s decision did not go down well with the lead prosecution counsel, Chief Debo Akande (SAN), who filed a motion seeking the transfer of the case from Justice Ige. Chief Akande said Justice Ige had described his (Akande’s) evidence as weak.

The judge granted Akande’s request, but dismissed the argument of the prosecution that he gave two contradictory rulings within six weeks on the same matter. He then returned the case file to the Chief Judge of the state for re-assignment to another judge. The state chief judge, Justice Isaiah O. Olakanmi accordingly re-assigned the case to Justice Abbas.

 


 

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