LAGOS—Major Hamza Al-Mustapha, former Chief Security Officer (CSO) to late Head of State, General Sani Abacha, who is standing trial alongside two others over alleged plot to violently overthrow the Federal Government, yesterday asked a Federal High Court sitting in Lagos to direct the Federal Government to furnish him (Mustapha) with the statements of witnesses and other documentary materials, linking him to the alleged coup plot.
Counsel to Mustapha, Olalekan Ojo contended at the resumed hearing of the matter, that having regards to the magnitude of the charge preferred against his client, it is in the interest of justice if the prosecution is directed to furnish the defence counsel the said materials, to enable him adequately prepare his defence.
Mustapha, in the application moved by his counsel, is asking the court for an order, directing the complainant (Federal Government) to deliver or produce to him, copies of the statements and other materials, particulars of which are stated in the document attached to the affidavit in support of the charge preferred against him, contending that he (Mustapha) requires the said statements and other materials for the preparation and conduct of his case.
Mustapha is asking to be furnished copies of the statements of witnesses and materials, as he is by constitutional fiat entitled to fair hearing and /or fair trial in the case against him and that his fundamental right to fair hearing, also provides for the right to adequate facilities for the preparation and conduct of his case.
According to him “ the disclosure of statements of witnesses or other persons interrogated during the investigation and other materials in the possession of the prosecution or to which the prosecution has access is a sine qua non to a fair hearing or fair trial”.
He stated further that, “the state (prosecution) has a mandatory legal obligation to procure or make available to Mustapha any document in its possession or to which it is aware or to which it could gain access which goes to show the innocence of Mustapha or which might undermine the credibility of any prosecution witness”.
Ojo is also contending that “ the documents/materials which are indispensably necessary to the preparation and conduct of the case of Mustapha, are in possession and /or in custody of the federal government,”
or the Federal Government is aware of the existence of such statements and materials and has access to them.
He further contended that it will amount to prosecutorial vindictiveness and an abuse of judicial process, if the documents and other materials to which the application relates are not made available to Mustapha.
The Federal Government has however filed an objection to Mustapha’s application, contending that the said statements requested by Mustapha are of National Security and as such they cannot be released.
Government has also said that it has provided Mustapha all the access he needs to argue his case.
Meanwhile, further hearing on the matter has been adjourned till November 22, 2004.
