Ibru: I'm Very Sick, Says Al-Mustapha
Judge adjourns till July 22
By Abimbola Akosile
There was drama yesterday in the on-going attempted murder trial of Mr. Alex Ibru, publisher, The Guardian Newspapers at the Ikeja High Court, when Major Hamza Al-Mustapha, former Chief Security Officer to late Head of State, General Sani Abacha, and 3rd accused person in the matter, cried out in open court, "I am very sick milord, I only managed to come to court".
Al-Mustapha, who had earlier been removed from Kirikiri Maximum Prisons by the Directorate of Military Intelligence (DMI) on March 30 (a day before trial was to commence) was again brought to court yesterday amidst tight security. Al-Mustapha complained he was sick while responding to Justice Olubunmi Oyewole's question on why he had failed to rise like everyone else when the judge entered the courtroom.
Justice Oyewole had asked Mr. Olalekan Ojo, Al-Mustapha's counsel, "Mr. Ojo, why was your client sitting down when the judge came into the courtroom?."
But the accused replied before Ojo could utter a word in explanation for his strange behaviour. The judge then kept his peace and allowed proceedings to continue.
Al-Mustapha, currently being held in an undisclosed location by the DMI over allegations of breach of national security, is standing trial alongside 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).
The former CSO, who came to court before the four other accused persons arrived, had gone to the registry with his counsel to file two affidavits to a counter-affidavit filed by the state to his earlier application on the jurisdiction of Justice Oyewole to continue hearing the matter. While entering the courtroom amidst tight security, Al-Mustapha was limping.
However, the hearing of Ojo's application had been stalled because, according to him, the two new affidavits were not sent to the trial court from the registry.
Ojo, who told the court that he was granted access to see his client only on Wednesday, July 13 after an earlier refusal by the State Security Service (SSS) on Tuesday, said he had to work through the night to enable him file a reply to the State's counter-affidavit.
"3rd accused person this (yesterday) morning filed a 47-paragraph affidavit of reply to the counter-affidavit by State. He has also filed another ten-paragraph affidavit challenging the correctness of court proceedings relating to the application in court. The two affidavits have been served on the respondents, including the State, although the request on processes being brought to court was not acceded to, due to an administrative directive", Ojo said.
He said the affidavit was personally sworn to by Al-Mustapha, who allegedly had to obtain special permission from his SSS and DMI security details to process the application.
Justice Oyewole, who confirmed the readiness of Professor Yemi Osibajo, SAN, prosecution lead counsel in the matter, to go on with the hearing, had risen for a few minutes to allow the court registrar obtain the said affidavits of reply from the registry.
On resumption of sitting, Osibajo informed court that he needed some time to respond to the affidavit.
"I have examined the new affidavit and will wish to respond to some parts of that affidavit by way of a counter-affidavit. We need to respond to the challenge of correctness of proceedings because we were in court on that day. We will need to respond to the affidavit, if milord can stand down for some time, we can respond this afternoon", Osibajo said.
However, other defence counsel present aligned themselves with Ojo's application, insisting that they needed to file applications to contribute to the affidavit in question, since they were also in court on the same day. The counsel who indicated interest in filing applications included Mr. J. Odubela for 1st accused, Mr. Abdulfatai Alao-Thomas for 2nd and 5th accused persons, and Mr. Chinedu Ikegbule for 4th accused person.
Justice Oyewole, who had suggested Wednesday, July 21 as the next adjourned date, was opposed by the defence counsel who claimed to have other matters in other courts. However, the judge ruled that, "hearing of the 3rd accused person's application is hereby adjourned till July 22nd to allow all counsel file and submit all their affidavits".
Hearing ended around 12.20pm, with Al-Mustapha remaining in the dock to confer with his counsel. He was later ushered into a white Kia Pregio bus and driven off by the security officials, while the other accused persons returned to Kirikiri Maximum Prisons.
The attempted murder case has been on for over four years. The 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, which was initially handled by Justice Ade Alabi (now new Lagos Chief Judge), is currently being handled de novo before Justice Oyewole.
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