Trial of Al-Mustapha, others over Ibru to resume January 12
By Emmanuel Badejo
FURTHER hearing in the five-year old attempted murder of the The Guardians Publisher, Mr. Alex Ibru, brought against former Chief of Army Staff, Gen. Ishaya Bamaiyi and four others has been fixed for January 12, 2005.
The adjournment yesterday by Justice Joseph Oyewole of a Lagos High Court was at the instance of the third accused, former Chief Security Officer (CSO) to the late Gen. Sani Abacha, Major Hamza Al-Mustapha.
Besides, Al-Mustapha, who is also standing trial at a Federal High Court, Lagos for a charge of treasonable felony along with two others, was not at the Ikeja High Court yesterday where he and other accused are being tried for the attempted murder.
Others being tried alongside Bamaiyi and Al-Mustapha are the former Commissioner of Police in Lagos State, James Danbaba, former Military Administrator of Zamfara State, Colonel Jibril Yakubu and a former Chief Superintendent of Police, Mohammed Rabo Lawal.
The matter, which came up yesterday, was not on the bar list. It ought to have been heard last week Monday but that was not to be due to the one-week strike by the Judicial Union Staff Association of Nigeria, (JUSAN), which began on that day.
Since it was not listed as one of the cases to be heard yesterday by Oyewole, it was not surprising when by 9 a.m. the accused were not in court.
But at 10.25 a.m., Bamaiyi, Danbaba, Yakubu and Lawal were brought to the court in an unmarked Mercedes Benz 1414 Black Maria.
When the matter was eventually called, a state counsel, Mrs. O. Odugbesan, who led Mr. Hakeem Yusuf, told the court that Al-Mustapha, the third accused, was not in court due to a treasonable felony charge brought against him at a Federal High Court, Lagos.
Odugbesan said: "The case was adjourned for today (yesterday) for the fourth accused to conclude his argument on his application.
"However, yesterday afternoon, men of the State Security Service (SSS) came to inform the State Attorney-General, Prof. Yemi Osinbajo, that the third accused person will not be in court today (yesterday).
"This is because he has another matter of treasonable felony before a Federal High Court, Lagos," she explained.
Odugbesan said a letter had been prepared seeking an adjournment in the circumstance.
The letter by an Assistant Chief State Counsel, Mrs. A.O. Oseni, read in part:
"The above-mentioned criminal charge pending before Honourable Justice Oyewole refers, please.
"This office was informed this afternoon by the State Security Service that the 3rd accused, Major Hamza Al-Mustapha, cannot be produced in court on December 16, 2004. This is because he has to appear at the Federal High Court, Lagos for another trial for treasonable felony pending before that court.
"In the light of the foregoing, kindly bring the contents of this letter to the notice of the honourable court".
In the circumstance, Oyewole adjourned the matter to January 12, 2005.
Since the commencement of the trial of the former army chief and four others in 1999, Justice Oyewole is the second judge hearing the matter.
Justice Augustine Ade-Alabi (currently the chief judge), who began the trial in 1999 withdrew from the case on September 16, 2003, following a series of allegation of bribery and partiality brought against him by the accused.
After investigations into the allegations, he was exonerated by the National Judicial Council (NJC).
Ade-Alabi then withdrew, saying that there was the need to protect the integrity of the bench.
Attempts by Al-Mustapha to stop the Chief Prosecutor, Osinbajo, from continuing with case was also dismissed by Justice Oyewole last month.
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