Ibru: Al-Mustapha in Court, Limping
Fresh trial commences
By Abimbola Akosile
Following repeated orders of an Ikeja High Court judge, Justice Olubunmi Oyewole, officials of the Directorate of Military Intelligence (DMI) and State Security Service (SSS), yesterday produced Major Hamza Al- Mustapha, Chief Security Officer (CSO) to late Head of State, General Sani Abacha in court.
Al-Mustapha who was seen limping on his left leg while walking into the court is the 3rd accused person in the on-going trial of five for the attempted murder of Mr. Alex Ibru, Publisher, The Guardian Newspapers.
Other accused persons include former Army Chief, Lt. General Ishaya Bamaiyi (1st); James Dambaba, former Police Commissioner of Oyo and Lagos State (2nd); Colonel Jubrin Bala Yakubu (rtd.) former Military Administrator of Zamfara State (4th) and CSP Rabo Lawal, former Leader, Mopol Unit at Aso Rock Villa (5th).
At the Ikeja High Court yesterday, Al-Mustapha, who had earlier been forcefully removed from Kirikiri Maximum Prisons on March 30 (a day before trial was to commence) by the DMI over allegation that he was involved in a security breach was brought very early to court amidst very tight security. He was driven in an ash-coloured Peugeot 504 saloon with no plate number. After proceedings, he was conveyed out of the court premises in a KIA Pregio bus in the convoy of four vehicles.
Upon arrival in the court premises, the former CSO, was hidden somewhere before the four other accused persons arrived. He was only brought into the court room after the judge had asked the registrar to invite the accused persons in.
He was wearing a 10 flowing jallabiya gown and was prevented by DMI and SSS officials from communicating with other accused persons, friends and family members present in court. More than 12 gun-totting security operatives wearing suits formed a cordon around him. Al-Mustapha was, however, permitted to greet his counsel, Mr. Olalekan Ojo, and his younger brother before hearing began.
Opening the day's proceedings, Ojo urged the court to adjourn hearing in the matter pending determination of an application filed on April 29 by 3rd accused person at the Court of Appeal concerning a ruling delivered by Justice Oyewole.
The judge had refused granting a stay in proceedings to allow Al-Mustapha obtain some materials allegedly seized from him by DMI officials. The materials were said to be necessary to him in his defence of the attempted murder charge.
"In view of the pending motion for stay of proceedings filed by 3rd accused person before the Court of Appeal, I urge milord to accord the Court of Appeal the judicial respect which the court is enjoined to accord the higher court when a matter of this nature arises. For the court to continue with the trial would amount to treating Court of Appeal with disrespect and contempt, and willingly or unwillingly frustrating the 3rd accused person of his right to a fair trial", Ojo declared.
Mr. Rickey Tarfa, SAN, counsel to Bamaiyi, in his submission also informed the court of an application filed yesterday by 1st accused person asking for stay of proceedings pending determination of an application before the Supreme Court. Tarfa also maintained another application by his client asking for accelerated hearing at the Court of Appeal on the ruling delivered. Justice Oyewole had expressed willingness to take Bamaiyi's application immediately and his decision was supported by prosecuting counsel, Professor Yemi Osibajo.
Tarfa, who supported his application with a 22-paragraph affidavit stated that, "we are praying, milord, for an order staying further proceedings in this court in this suit pending the hearing and determination of the 1st accused person's application at the Supreme Court. We submit that in line with judicial authorities, this court is bound by whatever decision the Supreme Court would take in respect of the application.
"It is not out of place to grant a stay of further proceedings in this court pending the determination at the Supreme Court. It borders on judicial authority, hierarchy of court. What we are asking for is a mere interim stay. We urge milord to grant the application as prayed."
His submission was supported by Mr. Abdulateef Alao-Thomas (counsel to Dambaba and Rabo Lawal), and Mr. Chinedu Ikegbule, Yakubu's counsel.
Osibajo, in his response, opposed Tarfa's application, claiming there were certain facts and extenuating factors which the court must take judicial notice of. The Lagos State attorney-general noted that the 1st accused applicant has not filed any motion seeking to quash the information before the court.
"Secondly, the matter which is the subject of the appeal is a ruling of the Court of Appeal dated May 26, 2003. This court became seized of this matter on October 16, 2003 when this court began to hear this case. It is evident that it is not the proceedings of this court that formed the subject of the appeal at the Court of Appeal.
"To date, the Court of Appeal has refused to stay proceedings in this matter. The Court of Appeal did say on May 26 that parties in this application are better served if any proceedings in the matter are concluded soonest. The Supreme Court has also said that this case should proceed expeditiously. The peculiarities in this case stand it in totally different stead from any other case. This case is entirely distinguishable.
"Here is a criminal case where both Court of Appeal and Supreme Court at various times have urged speedy hearing, bearing in mind that the accused persons and also some witnesses are in custody. There have been repeated applications of all kinds. I submit that it would be an abuse of court process if my learned friend would bring an application today (yesterday), when trial is expected to commence. We submit that the application be dismissed entirely, it is an abuse of court process", Osibajo said.
Justice Oyewole, who rose for a few minutes to write his ruling, declared, "I have considered the submissions of learned counsel in this matter. The two applications are to be taken seriatim. On the 1st accused person's application, from court records, on November 21, 2003, court declined to stay proceedings at this court, a stay which was equally refused at the Court of Appeal, leading to defendants going to the Supreme Court.
"I do not see anything justifying a departure from the previous application. I cannot find any merit in it and it is accordingly dismissed. The 3rd accused person is also asking for a stay under another name, whereas stay was denied in this court on March 29, 2004. The Supreme Court decision in the case of Ariori vs Elemo 1989 emphasised speedy trial and circumstances in this case demands that I equally refuse the application and I so do."
The judge also granted Ojo access to Al-Mustapha, his client, since there was no opposition from Osibajo, who informed the court of State's efforts at ensuring 3rd accused person had access to his counsel. "It is hereby ordered that the DMI and SSS shall ensure that the 3rd accused person has access to his counsel for the purpose of this trial for as long as he remains in their custody until this matter is finally determined," the judge ruled.
Over-ruling various objections of defence counsel on his ruling (including Ikegbule's request for court to set aside Yakubu's arraignment in the matter), he asked the prosecution to produce its first witness signalling the commencement of the trial, thereby ignoring Ojo's request for adjournment to enable him brief his client before his defence begins. Prosecution then brought the first witness, a tall dark man, into the witness box, to be examined in chief by Osibajo.
The examination went thus:
Osibajo: Can you state your full names?
Witness: David Udi.
Osibajo: What is your current occupation?
Udi: I am a Security guard at the Federal Palace Hotel, Victoria Island, Lagos.
Osibajo: Where do you live?
Udi: Presently I stay at the Federal Palace Hotel.
Osibajo: How long have you worked there?
Udi: Nine and a half years.
Osibajo: When did you start working there?
Udi: Since 1993
At this stage, Justice Oyewole interrupted the proceedings and ruled, " As earlier stated, further hearing is adjourned till Monday, July 5 at 12.00 noon. Court will rise". The proceeding was brought to an end around 2.45pm, and Al-Mustapha was whisked away by DMI officials. Other accused persons were also taken back to Kirikiri Prisons, till the next adjourned date.
The attempted murder case has been on for over four years, since accused persons were first arraigned in 1999, with the suspects being prosecuted over the crime committed on February 4, 1995, in Lagos.
The case has suffered several adjournments since it was transferred to Ikeja Judicial Division. The attempted murder case, with Charge No. LCD/108/99, was formerly before Justice Ade Alabi, who later withdrew after he was exonerated on charges of bribery levelled againstn him by the accused persons. It is currently being held de novo by Justice Oyewole, who has refused various applications for bail by the accused persons.
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