Ololade Adeyanju/
The family of late Dr Ayodeji Daramola, who was murdered, in 2006, has accused the judge handling the murder trial, Justice Adewale Fowe, of compromise.
Some former aides of the incumbent governor of the state, Mr. Ayodele Fayose, are standing trial for the alleged politically motivated murder.
Daramola was killed, in Ado Ekiti on August 14, 2006, allegedly on the orders of Fayose, during his first term as governor of the state.
The family has, consequently, requested Justice Fowe’s withdrawal from the murder trial in the interest of justice.
The family wrote a formal letter to the judge asking him to disqualify himself from the trial. The letter was also copied the Chief Judge of Ekiti State, Justice Ayodeji Daramola and the Chief Justice of Nigeria, Justice Walter Onnoghen.
It accused Justice Fowe of enjoying Fayose’s generosity, including a trip to South Africa for medical treatment at the governor’s expense, thus, compromising his neutrality.
In the letter, which was signed by the deceased’s younger brother, Dare Daramola, the family accused the judge of being in an “unholy alliance” with Fayose, adding that it had “irrevocably” lost confidence in his ability to remain impartial in the matter.
A copy of the letter, seen by Newsmakers, was titled: “In the Matter of Complaint of Likelihood of Bias, Unfair Hearing and Injustice in Dr. Ayodeji Daramola’s Murder Trial before your Court” and addressed to Justice Fowe.
The letter, dated July 28, 2017, read: “We members of the family of the late Dr Ayodeji Daramola of Ijan-Ekiti in Gbonyin Local Government of Ekiti State hereby write to complain about the ongoing trial in the murder of our late illustrious son, father and brother and the likelihood of bias, unfair hearing and injustice inherent in the entire hearing process should you continue to preside over the matter.
“Our complaint is premised on two fundamental issues in the administration of justice that should not be allowed to stand in a murder case, to wit; unholy alliance between an accused/complainant/prosecutor and the presiding judicial officer in a case before his court and the preponderance of evidence that the chief complainant/prosecutor is himself the chief suspect in the murder.
“Our lack of confidence in your court is derived from information at our disposal that you were seriously indisposed and it allegedly took the benevolence of Governor Ayodele Fayose to allegedly sponsor your medical trip to South Africa to take care of your health.
“You are to note that the administration of justice is rooted in confidence in the court of adjudication and we know that in your present health condition and capacity, reasonable and well-informed people of Ekiti State are aware of the role Fayose is playing in the sponsorship of your health care in South Africa to ensure that you get well.
“We also know for a fact that you are yet to fully get well, raising fears and suspicion that you will continue to enjoy Governor Fayose’s benevolence to sponsor your follow-up trips to take care of your health in South Africa or anywhere else while the trial lasts up to the conclusion of the case.
“We also want to point your attention to the alleged involvement of Governor Fayose in the circumstances leading to the murder of our illustrious son, husband, father and brother on August 14, 2006 after the then Governor Fayose and these same aides standing trial in your court hounded and haunted Dr Daramola to death as reported in media, which all Nigerians, including you, read in the newspapers.
“These same aides are now in your court and the principal suspect then, Governor Fayose, is the same man leading the prosecution on behalf of the state government and he is the same man who sponsored your medical trip to South Africa.
“You are also to note that up to the Supreme Court, it has been established that Fayose has a case to answer in Dr Ayodeji Daramola’s assassination.
“This points to a conclusion that Fayose was/is a suspect in this murder case contained in charge No HAD/2c/ 2007 in the Motion on Notice No HAD/71cm/2016 between the State Government and complainants brought under Motion on Notice pursuant to Section 56 of the Ekiti State Administration of Criminal Justice Law 2014 in Ekiti State High Court sitting Ado-Ekiti under the inherent jurisdiction of your court filed by one Kunle Adetowubo &Co, dated June 28, 2016, without the knowledge of Dr Daramola’s family members, who were the chief complainants in the murder trial.
“It is in the light of this that we complain that relationship exists between you and the alleged chief suspect in the murder of our son, father and brother and so Dr Daramola cannot get justice in your court.
“In this murder trial before your court in Ekiti State High Court of Justice sitting in Ado-Ekiti, therefore, the chief suspect is also the chief prosecutor in alliance with the trial judge, your humble self, who has benefitted from the benevolence of a suspect in this murder trial through medical trip to South Africa.
It is in the light of this that we urge you to disqualify yourself from this case, as it is clear that the late Dr Ayodeji Daramola cannot get justice in your court. Irrevocably, we have no confidence in your court to dispense justice in Dr Daramola’s murder trial.
“By this petition, the National Judicial Council (NJC) is being put on notice about the inherent injustice in this matter if you are to be allowed to conclude the case.”