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Defence counsels close case on treason trial
By Maxwell Oditta
senior
correspondent, Lagos
Defence counsels to former Chief Security Officer to late
General Sani Abacha, Major Hamza Al- Mustapha, and two other accused persons on
Thursday closed their submissions in the ongoing security breach trial at the
Federal High Court.
The counsels urged the court to stay proceedings pending
when the prosecution would produce report of the Special Investigation Panel,
which they said exonerated the defendants. They also urged the court to allow
oral evidence in the matter if the prosecution declines to make available other
materials that would enable the accused persons to put up a credible defence.
Counsel to Mustapha, Olalekan Ojo argued that the report of
the SIP and other prosecution materials could not be regarded as classified,
since they are not the property of the Federal Government but that of the
public.
“An application for stay of proceedings can be
competently made even when there is no pending appeal. It can be made on the
severity of the situations and circumstances. An innocent man should not be
condemned when his innocence can be proved, is the policy that must prevail. We
submit that the disclosure of this material stipulated in the affidavit of the
first defendant was necessary in order to prevent a miscarriage or denial of
justice. The releasing of the affidavits cannot cause any harm to the
prosecution witnesses as the accused persons are in the protective custody of
the Federal Government,” Ojo said.
Ojo prayed the court to discountenance the depositions
attached to the prosecution’s application as they amount to inadmissible
hearsay, while counsel to Lt-Colonel Muhammed Umar Adeka, Hassan Fajimite,
cited Section 36, Sub Section 6B of the 1999 Constitution, to buttress the
point that every person who is charged with criminal offence shall be given
adequate time and facilities for his adequate defence, to prepare his case
before presentation in court.
Counsel to Onwuchekwa Okorie, Alex Akpaka reminded the court
that the third defendant is a civilian, whose rights are at stake, expressing
doubts as to whether a defendant in a civil action stands at advantage over an
accused person in a criminal trial.
Prosecution Counsel, Nathanial Idowu called the application for a stay
of proceedings or alternatively admission of oral evidence as misconceived,
frivolous and an abuse of the court processes. The state had no SIP report to
tender in the trial. He challenged the defence to produce the report with their
own motion as an exhibit.
In his ruling, Justice Dan Abutu refused the defence’s
application, saying that there is neither an SIP report nor any material
conflict in the evidence before the court and announced the court’s
decision to admit only evidence before it.
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