Al-Mustapha loses request for video clips on coup trial
By Emmanuel Badejo
A Federal High Court, Lagos yesterday admitted that grey areas existed in the Federal Government's counter-affidavit in the trial of Maj. Hamza Al-Mustapha, the former Chief Security Officer (CSO) to late Gen. Sanni Abacha, over an alleged coup plot.
Justice Dan Abutu, who dismissed an oral application by Al-Mustapha, said the issues raised by him could be argued in the substantive suit.
Al-Mustapha through his counsel, Mr. Olalekan Ojo, had sought for an oral evidence to be tendered in a bid to resolve the different position being canvassed by the accused and the Federal Government over his alleged plot to overthrow President Olusegun Obasanjo.
Ojo told the court that for his client to properly defend himself against the charges of coup plotting, the government must furnish him with video and audio recordings during the sittings of the Special Investigation Panel (SIP) set up by the government to probe him on the crime.
But the government in a counter-affidavit, said that there was no video or audio recordings as claimed by the accused.
On that premises, Al-Mustapha had brought an application seeking for some documents to be tendered by the government.
At the last court session, Ojo said that any attempt by the prosecution to deny the suspect access to the documents would amount to trial by ambush.
The court then adjourned till yesterday for further argument by Ojo.
At the resumed hearing, Ojo insisted that the accused had told the court that he saw the technicians and operators of electronic gadgets, whom he had known for a very long time. He added that there were video and audio tapes at the SIP.
Citing the lapses in the government's counter affidavit, Ojo said there was a conflict between the position of the prosecution and the defence on the issue of video clips at the probe panel.
He said "the only variance from all our deposition in our affidavit is the issue of the denial by the prosecution that the SIP sittings were not recorded on video."
Ojo said that there was a material conflict, which the court had to resolve and that could only be addressed by calling for an oral evidence. He then moved the oral application that the court should order an oral evidence in the circumstance.
In his ruling, Justice Abutu agreed that there was a conflict between Al-Mustapha's affidavit and that of the government.
He said that the variance as raised by Ojo could not constitute a material conflict as held by the counsel.
The judge added that the conflict was an issue that would be resolved at the substantive trial.
On that note, Justice Abutu dismissed the application.
He asked Ojo to continue his submission on the motion demanding for some documents.
Al-Mustapha was on October 22 formally arraigned before the court alongside Lt.-Col. Mohammed Ibn Umar Adeka and a civilian, Mr. Onwuchekwu Okorie for attempting to violently overthrow Obasanjo.
The fourth accused person on the charge sheet, Commander Yakubu Indanabo is reportedly at large and was consequently dropped from the charges of treason and treasonable felony, which upon conviction attract summary execution.
The matter was adjourned to November 24 for further hearing.`
