OBJ's Unfair treatment of Al Mustapha & others

Started by EMTL, February 23, 2005, 09:15:08 AM

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EMTL

Assalamu alaikum,
in the news.......
The resumed hearing in a case of attempted murder against Major Hamza Al-Mustapha, former chief security officer to the late Gen. Sani Abacha, former Army Chief, Lt. General Ishaya Bamaiyi, and three others took a dramatic turn yesterday as four of the accused walked out of the dock and the court room in anger while a witness was being examined by the prosecution counsel.
The five accused persons were being tried for attempting to murder Mr. Alex Ibru, publisher of The Guardian who according to a witness was found in his pool of blood after he was shot several times.
Mustapha led three other accused persons, Col. Jubrin Yakubu (rtd), former Zamfara State military administrator, Mr. James Dambaba, former Oyo State Police Commissioner, and CSP Rabo Lawal, former leader Aso Rock Mopol Unit to walk-out on the court leaving only Bamaiyi with a confused expression on his face. He also later joined the others in the action.
The accused persons' action was predicated on an allegedly biased decision taken by the trial judge, Justice Olubunmi Oyewole who in a swift ruling, refused three fresh civil applications filed by counsel to four of the accused persons, to stay further proceedings in the trial court. In the application, the accused also wanted the judge to quash the entire case, on the grounds that some allegedly pre-judicial comments were made against the applicants by few of the previous trial judges.

For how long should Nigerians watch this injustice continuing?
In the Affairs of People Fear Allah (SWT). In the Matters Relating to Allah (SWT) Do not be Afraid of Anybody. Ibn Katthab (RA).

guest33

Quote from: "EMTL"Assalamu alaikum,

For how long should Nigerians watch this injustice continuing?

What injustice ?
Al-Mustapha and his cohorts have done everything possible to stop that trial.
If he wasn't being detained at the VIP wing at Kirikiri with all creature comforts he might be singing a different tune

alhaji_aminu

salam

It is very clear that Bamaiyi and co are been persecuted not prosecuted. These guys have applied for bail more than 100 times and they all have been rejected even after some very notable nigerians have come forward to offer themselves as sureties.
I think Al-Mustapha's strategy will bearfruit. that is, do delay the trial as long as possible so that if a neutral party become president, there case can be won and loss fairly. Of course spending 8 years in Kiri kiri is not going to be easy. but that appears to be their best option.....

guest33

Quote from: "myadudu"salam

It is very clear that Bamaiyi and co are been persecuted not prosecuted. These guys have applied for bail more than 100 times and they all have been rejected even after some very notable nigerians have come forward to offer themselves as sureties.
I think Al-Mustapha's strategy will bearfruit. that is, do delay the trial as long as possible so that if a neutral party become president, there case can be won and loss fairly. Of course spending 8 years in Kiri kiri is not going to be easy. but that appears to be their best option.....

myadudu,
the fact that they haven't been granted bail does not automatically mean that they are being persecuted. They are charged with attempted murder which is a very serious offence and they continue to show contempt for the judicial process.
I personally hope that their strategy does not bear fruit, we must all take responsibility for our actions and it will do Nigeria no good if alleged murderers are allowed to subvert the judicial process.

mrguest

EMTL and dudu, I am shock that you would support a man with little integrate like Al mutaph... Why ? is it because of where they come from... this men would run out of the country if they are release, all proof show that they did  it.. Do you want criminal to go on the street... Let be fair...  Omisore who is yoruba was in jail too, but release, let al mu and co stop going for their release which delay the court process and the court could quickly reach a decision.. I would say, their lawyer is a smart man.. he know they may get hang , and he is trying to delay their life....





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alhaji_aminu

salam

guest33 you are rigth in saying that not granting bail to an accused does not automatically mean they are being persecuted. But if this is maintained for almost 6 years, then one cannot but see an element of bias. There are many other people accused of attempted murder who are on bail.

And where I said their strategy will bear fruit, I meant they will achieve their objective of subverting the trial which they view as suspect. This is a valid legal strategy- to delay trial till the environment becomes conducive.  I am not arguing  if what they are doing is right or wrong; No, all I talked about was their tactics.
I do symphasize with them.

Lets not forget that the prosecution star witness may have been tortured to make the confession. Col Yakubu and Al-Mustapha both claimed they were totured at the SIP which is where Sgt Rogers was prepped and where he is still being detained.
But if indeed they have committed the crime, then they should be prepared to do the time.

Nuruddeen

EMTL, wannan kawai bakar mugunta ce irin ta Obasanjo. In fact, I begin to thinkand wonder that all Yoruba are...perhaps like that wo. But even god forgives not to talk of bloody human being like Aremu.
o try and fail is atleast to learn. That will save one the inestimable loss of what might have been (positive or negative).

guest33

Quote from: "Nuruddeen"EMTL, wannan kawai bakar mugunta ce irin ta Obasanjo. In fact, I begin to thinkand wonder that all Yoruba are...perhaps like that wo. But even god forgives not to talk of bloody human being like Aremu.

I wonder what this board will think if I countered that with a similarly crude and uneducated comment about people from the Northern part of Nigeria

guest33

Quote from: "myadudu"salam

guest33 you are rigth in saying that not granting bail to an accused does not automatically mean they are being persecuted. But if this is maintained for almost 6 years, then one cannot but see an element of bias. There are many other people accused of attempted murder who are on bail.

And where I said their strategy will bear fruit, I meant they will achieve their objective of subverting the trial which they view as suspect. This is a valid legal strategy- to delay trial till the environment becomes conducive.  I am not arguing  if what they are doing is right or wrong; No, all I talked about was their tactics.
I do symphasize with them.
Lets not forget that the prosecution star witness may have been tortured to make the confession. Col Yakubu and Al-Mustapha both claimed they were totured at the SIP which is where Sgt Rogers was prepped and where he is still being detained.
But if indeed they have committed the crime, then they should be prepared to do the time.

I do not sympathise with them. Their actions were undertaken to preserve one man's hold on power but I still believe that they have the right to a free and fair trial. Any evidence of torture can be produced at the trial and such evidence used to counter the allegations.
I cannot overemphasise my belief that most of Nigeria's problems stem from a lack of accountability. People must know that at some point in the future, they will be called to account for their actions whilst in power and hopefully this will help moderate the actions of those who are currently in power.

alhaji_aminu

salam
guest33. It is precisely what you said that makes this trial suspect. You said,"Their actions were undertaken to preserve one man's hold on power but I still believe that they have the right to a free and fair trial.". How can you say what they have done, when it is not proven that they have done so,  is meant to preserve one man's power grab?
Of what point is conducting the free and fair trial if people, like yourself, have already made up their minds as to whether or not the accused committed that crime? A trial can only be free and fair if the judges have not already commited their attention to only one line of reasoning.  And that, many have already done in Lagos.

Almustapha and co have argued for a change of venue on account of the crime they are alleged to have committed is a federal offence. The fact that it occured in Lagos is irrelavant to the extent that they will have a free and fair trial elsewhere, say Warri, Makudi or Nguru.
They have also alleged that some of the judges have requested bribe from them which they refused. They say no Judge is disposed towards adjudicating a case in which he is snubbed for requesting  bribes. The Judges have not filed a libel case against the accused which gives some truth to their allegations.
It should be noted that one judge recused himself from the trial....

It is OK not to symphasize with them. That is one of your prerogatives in a democratic setting: to defend your freedom of speech and expression. But the same democracy grants Almustapha and co the right to a free and fair trial which they think its denied them.

Guest33 must be commended for not responding in the manner  Nurudeen wrote. But, guest33 should realise this is what people feel and the evidence exist in how Bamaiyi is tried. They point to how Omisore is tried for murdering Bola Ige.....

I will respond to the accountability thing when next i have time to write.
in the meantime, guest33 take care of yourself.

alhaji_aminu

salam
guest33. It is precisely what you said that makes this trial suspect. You said,"Their actions were undertaken to preserve one man's hold on power but I still believe that they have the right to a free and fair trial.". How can you say what they have done, when it is not proven that they have done so,  is meant to preserve one man's power grab?
Of what point is conducting the free and fair trial if people, like yourself, have already made up their minds as to whether or not the accused committed that crime? A trial can only be free and fair if the judges have not already commited their attention to only one line of reasoning.  And that, many have already done in Lagos.

Almustapha and co have argued for a change of venue on account of the crime they are alleged to have committed is a federal offence. The fact that it occured in Lagos is irrelavant to the extent that they will have a free and fair trial elsewhere, say Warri, Makudi or Nguru.
They have also alleged that some of the judges have requested bribe from them which they refused. They say no Judge is disposed towards adjudicating a case in which he is snubbed for requesting  bribes. The Judges have not filed a libel case against the accused which gives some truth to their allegations.
It should be noted that one judge recused himself from the trial....

It is OK not to symphasize with them. That is one of your prerogatives in a democratic setting: to defend your freedom of speech and expression. But the same democracy grants Almustapha and co the right to a free and fair trial which they think its denied them.

Guest33 must be commended for not responding in the manner  Nurudeen wrote. But, guest33 should realise this is what people feel and the evidence exist in how Bamaiyi is tried. They point to how Omisore is tried for murdering Bola Ige.....

I will respond to the accountability thing when next i have time to write.
in the meantime, guest33 take care of yourself.

guest33

Quote from: "myadudu"salam
guest33. It is precisely what you said that makes this trial suspect. You said,"Their actions were undertaken to preserve one man's hold on power but I still believe that they have the right to a free and fair trial.". How can you say what they have done, when it is not proven that they have done so,  is meant to preserve one man's power grab?
Of what point is conducting the free and fair trial if people, like yourself, have already made up their minds as to whether or not the accused committed that crime? A trial can only be free and fair if the judges have not already commited their attention to only one line of reasoning.  And that, many have already done in Lagos.

Almustapha and co have argued for a change of venue on account of the crime they are alleged to have committed is a federal offence. The fact that it occured in Lagos is irrelavant to the extent that they will have a free and fair trial elsewhere, say Warri, Makudi or Nguru.
They have also alleged that some of the judges have requested bribe from them which they refused. They say no Judge is disposed towards adjudicating a case in which he is snubbed for requesting  bribes. The Judges have not filed a libel case against the accused which gives some truth to their allegations.
It should be noted that one judge recused himself from the trial....

It is OK not to symphasize with them. That is one of your prerogatives in a democratic setting: to defend your freedom of speech and expression. But the same democracy grants Almustapha and co the right to a free and fair trial which they think its denied them.

Guest33 must be commended for not responding in the manner  Nurudeen wrote. But, guest33 should realise this is what people feel and the evidence exist in how Bamaiyi is tried. They point to how Omisore is tried for murdering Bola Ige.....

I will respond to the accountability thing when next i have time to write.
in the meantime, guest33 take care of yourself.

But Myadudu, you and I are quite free to hold opinions regarding the guilt or otherwise of Al Mustapha and co without prejudicing a free trial since we will not act as judge or jury in the case.
I also believe that at some point in the future, OBJ should have to explain how Bola Ige amongst others were assasinated and how the trial of his alleged murderer was bungled.
I look forward to reading your take on accountability.
regards

mrguest

Quote from: "myadudu"salam
guest33. It is precisely what you said that makes this trial suspect. You said,"Their actions were undertaken to preserve one man's hold on power but I still believe that they have the right to a free and fair trial.". How can you say what they have done, when it is not proven that they have done so,  is meant to preserve one man's power grab?
Of what point is conducting the free and fair trial if people, like yourself, have already made up their minds as to whether or not the accused committed that crime? A trial can only be free and fair if the judges have not already commited their attention to only one line of reasoning.  And that, many have already done in Lagos.

Almustapha and co have argued for a change of venue on account of the crime they are alleged to have committed is a federal offence. The fact that it occured in Lagos is irrelavant to the extent that they will have a free and fair trial elsewhere, say Warri, Makudi or Nguru.
They have also alleged that some of the judges have requested bribe from them which they refused. They say no Judge is disposed towards adjudicating a case in which he is snubbed for requesting  bribes. The Judges have not filed a libel case against the accused which gives some truth to their allegations.
It should be noted that one judge recused himself from the trial....

It is OK not to symphasize with them. That is one of your prerogatives in a democratic setting: to defend your freedom of speech and expression. But the same democracy grants Almustapha and co the right to a free and fair trial which they think its denied them.

Guest33 must be commended for not responding in the manner  Nurudeen wrote. But, guest33 should realise this is what people feel and the evidence exist in how Bamaiyi is tried. They point to how Omisore is tried for murdering Bola Ige.....

I will respond to the accountability thing when next i have time to write.
in the meantime, guest33 take care of yourself.



mydudu , in law, you are only trialed in the state where you commited the crime.. you can not commit a crime in new york and be trial in dallas..


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mallamt

I am sure if not all of us most of us are familiar with the famous addage that justice must be seen to be done.  Now on the Bamaiyi, Al Mustapha et al case can we really say that we see justice being done?  I think that is the main question that EMTL tried to raise and was backed by myadudu.

Bamaiyi and co may have been very evil men, but then do they not have any rights?  what is the basis for giving bail?  what is the main case against them?  This matter has been dragging on for just too long that we will not be honest if we say that we are happy and satisfied that justice is being done.  It is very clear that the treatment being metted out to these people is not based on any legality or justice, but it is fed by emotions and passion for revenge.

My comments on this issue is not based because someone else went through similar situation so they also must go through the same.  Nigeria is supposed to be a democracy now, the only way the country can move forward is for it to respect the rule of law and not to use it to oppress.  So I hope we will be able to look at some of these issues in a more objective manner and ask ourselves if what we each indiviually do is right and we will accept the same happening to us.  Right now we do not know if these people are guilty in  the face of the law so we must let the law takes its course while they are also given a fair trial.  It may just be worth considering to bering in a judge from outside nigeria to seat on this case and similar cases should be considered for the same treatment.

mrguest

Mallam, I do not find anything wrong in granting them bail.. but we all know that they would run away from the nigeria or would plan a coup against the country..this men are dangerous... I think they should stop this idea of bail , and we should concsntrated on the really issue, those that they kill.. Islamic is against killing , or as Islamic law change just because they are from the north?.


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