The Court of Appeal, has struck out an appeal filed by a former Chief of Army Staff, General Lt.-Gen. Ishaya Bamaiyi (retd) and three others challenging the ruling of Justice R.O. Nwodo (deceased) for lack of diligent prosecution.

The other appellants are former Lagos Police boss, James Danbaba (rtd), former Chief Security Officer to the late Gen. Sani Abacha, Major al-Mustapha and Assistant Superintendent of Police, ASP, Mohammed Rabo Lawal.

Bamaiyi and the other appellants were twelve years ago charged before a Lagos High Court which was presided over by Justice Augustine Ade Alabi (3rd respondent) for the attempted murder of The Guardian’s publisher, Mr. Alex Ibru.

During their trial, they had alleged through their respective counsels that the trial judge, who was at the time the Chief Judge of Lagos State, Justice Alabi demanded for the sum of $10 million bribe from them.

The appellants further alleged that Justice Ade Alabi had threatened and bullied their defence counsels severally in court.

Adding that the Judge had caused delay in hearing motions and giving rulings and also refused to supply record of proceedings in the case.

However, they petitioned the National Judicial Council, NJC, and demanded that the trial judge should excuse himself from the case.

Consequently, the petition was tabled before the National Judicial Council and a panel of inquiry was set up to investigate the allegation of corruption and bribery and other complaints levelled against Justice Alabi.