Lawyers representing Defence Counsel, Ady Macaulay has responded to the reports presented to the President on the Commission of Inquiry into the activities of the former Government.
While he was full of praise for the two other judges he fumed at the behaviour of Nigerian Justice Biobelle, whom he said acted condescendingly and emotional.
He explained that if it were criminal trial, the burden of proving guilt has to be beyond all reasonable doubt i.e. they judge has to believe the evidence and facts presented 100% but if it were a civil trial it should be on the balance of probabilities i.e. they judge has to believe the evidence and facts presented 50%. He maintained that the judge by finding people guilty and sentencing them to a term of imprisonment has accepted that, he had all along presided over a criminal trial and using civil standard to evaluate the evidence and facts present which is wrong in law and a ground for appeal.
That Biobelle founded people guilty and even sentenced them when it was not his mandate to do so and has never been the case in any COI the world over. He added that it was the very Judge who previously ruled that he will not force persons of interest to come to the COI, this he said amounts to inconsistency as he now appear to punish them for not attending.
He noted that section 149 (2) is very clear that only the President has the power to publish and act on the report from COI and that what Biobelle did is usurping the functions of President.
He stated that he will not comment on the report because he has not read it yet and that the President is yet to publish the report.