AN Ikeja High Court Lagos yesterday discharged and acquitted former Chief of Army staff, Lt General Ishaya Bamaiyi of attempted murder of the publisher of The Guardian, Mr. Alex Ibru and two others.

Presiding judge, Justice Joseph Oyewole in a three-hour judgment held that Bamaiyi, who had been standing trial since 1999 on a four-count charge bordering on conspiracy and attempted murder of Ibru, ex-Director of Sports in Delta State, Isaac Porbeni, and erstwhile presidential candidate in last election, Prof. Pat Utomi should be freed, since the prosecution did not prove beyond reasonable doubt that he was liable to the offence.

"The issue is not whether or not the offences were committed as the gruesome attempt on the life of Mr. Ibru with the attendant grievous permanent injuries he was left with is certainly not in dispute.

The prosecution has a duty to prove beyond reasonable doubt by credible evidence that the accused is criminally liable in this regard as charged," Justice Oyewole noted.

The jurist further said "I resolve the sole issue for determination against the prosecution. I find the accused person not guilty on each of the four counts alleged herein against him and I hereby discharged and acquit him on each of the said four counts."

The embattled ex-chief of Army accepted the favourable judgment with philosophical calmness, while his family members and associates celebrated the victory outside the court premises.

Bamaiyi, who wore white linen with black stripes could not speak with news men after the judgment as he was taken away by his associates.

However, speaking with news men, Bamaiyi’s personal Assistant, Mr Daniel Amos described the judgment as an act of God, saying that after about nine years of trial that it was only God that could have made it possible for his boss to regain freedom.

"The judiciary is perfect. There is now hope for the common man. Even though Bamaiyi was never a common man, but it show that there is hope now for everybody", Amos said. On her part, the Lagos State Director of Public prosecution Mrs. Olabisi Ogungbesan said that the decision to appeal the judgment rested with the state government.

Daily Champion recalls that Gen Bamaiyi along with four other persons had been standing trial since 1999 for attempting to kill The Guardian publisher, Mr. Alex Ibru, and for conspiracy to murder one, Mr. Isaac Porbeni and Prof. Pat Utomi. Attempt was made in Ibru’s life on February 2, 1996.

The four other accused persons are the former chief security officer to late General Sani Abacha, Hamzat Al-Mustapha, ex-Lagos State police commissioner, James Danbaba, Col Jibrin Yakubu and Mohammed Rabo Lawal.

They were on November 23, 1999 arraigned before an Ikeja Magistrate Court on a two-count charge bothering on conspiracy to murder Mr. Alex Ibru. They pleaded not guilty to the charge.

The arraignment was followed by years of sluggish prosecution which was occasioned by different delay tactics used by the legal counsels in the case.

Bamaiyi, after his failure to secure temporary, freedom, was detained first with the state security Service (SSS), and later with the Kirikiri Maximum Prison, all in Lagos.

Following his detention, Bamaiyi took ill severally and in June 2006 was admitted in Lagos University Teaching Hospital (LUTH). On June 21 2006 battled for his bail on health grounds.

His counsel, Mr. Wahab Shittu informed Justice Oyewole that his client’s condition was critical leading to near collapse on various occasions. Reprieve, however, came Bamaiyi’s way when on October 13, 2006, he got a court approval allowing him to seek medical treatment abroad. After medical treatment, Bamaiyi asked the court to try him separately from the other four persons. His request was granted on November 20, 2007.

He was, then, solely arraigned and a fresh four-count charge of conspiracy pleaded not guilty.

Though the then Director of Public Prosecution (DPP), it Mrs. Bola Okiki-Olu said she had 17 witnesses to call, she ended up calling only seven. The witnesses during the Bamaiyi’s trial gave contradictory evidence.

Bamaiyi’s lawyer, Mr. Osahon Idemudia first entered a no-case subsmission which was struck out by Justice Oyewole, thereby ordering Bamaiyi to answer for the alleged offence.

Bamaiyi led in his defence by Idemudia claimed that the case was a political vendetta, because he opposed the emergence of ex-president Olusegun Obasanjo as president in 1999, fuel to his militant background, while the state insisted that he was involved in the alleged crime. His freedom yesterday was the climax.

Meanwhile, some Lagos lawyers yesterday hailed the freedom granted the former Chief of Army Staff, Lt.-Gen. Ishaya Bamaiyi by an Ikeja High Court, Lagos.

Speaking with newsmen, a lawyer and human rights activist, Mr. Bamidele Ogundele, commended Justice Joseph Oyewole for having the courage to deliver the judgment, adding that the verdict would represent the future of criminal law and criminal justice delivery in the country.

He also said that Bamaiyi ha the right to sue the sate for malicious prosecution; and claim costs for the damages done to his personality for the almost nine years that he was awaiting trial.

Also speaking, Mr. Shittu Wahab, a former lawyer to Bamaiyi, said he felt very proud and happy for the favourable verdict for his erstwhile client.

"I do not have a mandate to comment, if he is to press charges for compensation but indeed he has been injured and unjustifiably incarcerated. Although as a law officer in the temple of justice, "I’m not to be seen as instigating litigations," he said.

He lauded the trial judge for his uncommon courage and professionalism while also commending Bamaiyi’s counsel, Mr. Osahon Idemudiah for a good job.

Also commenting on the verdict, another lawyer, Mr. Emmanuel Otobo said that Bamaiyi was discharged and acquitted because the prosecution could not prove its case beyond doubt.

On Bamaiyi seeking compensation from Lagos state, Otobo ruled it out, stressing that the government would counter on the ground that it was doing its official duty.