As Coup Trial Begins...
FG: Al-Mustapha Plotted Obasanjo's Death
Provided funds for missile attack on president's chopper
By Chika Amanze-Nwanchuku
The Federal Government has accused the erstwhile Chief Security Officer to the late General Sani Abacha, Major Hamza Al-Mustapha and others of plotting to eliminate President Olusegun Obasanjo, through a missile attack on his helicopter while he is on board.
The government which yesterday formally arraigned Al-Mustapha, Lt-Colonel Mohammed Umar Adeka and a civilian, Onwuchekwa Okorie before a Federal High Court, Lagos, on a two-count charge of forming an intention to remove Obasanjo from office by unconstitutional means, and conspiracy to commit treason, alleged that Al-Mustapha, provided the funds for the purpose of purchasing a Stinger Surface to Air Missile to be used in shooting down the President's helicopter.
The charge partly read that Al-Mustapha, Adeka and Okorie, between November 1, 2002 and March 8, 2004 in Lagos and other places in Nigeria within the jurisdiction of the Federal High Court "formed an intention to remove during his term of office otherwise than by constitutional means the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria and manifested such intention by overt acts and thereby committed an offence contrary to Section 41 (a) of the Criminal Code Act Cap 77 Laws of the Federation of Nigeria and punishable under same section."
The accused were also said to have "between November 1, 2002, and March 8, 2004, in Lagos and other places in Nigeria within the jurisdiction of the Federal High Court conspired with one another and with others at large to commit an offence, to wit: Treason and thereby committed an offence contrary to and punishable under Section 37 (2) of the Criminal Code Act, Cap 77 Laws of the Federation of Nigeria 1990."
The prosecution alleged that Adeka (2nd accused), Comman-der Yakubu Kudambo (still at large), Okorie and one Lt Tijani Abdallah, jointly and severally visited Al-Mustapha at the Kirikiri Maximum Security Prison where he was being detained alongside four others, for alleged attempted murder of The Guardian Publisher, Mr Alex Ibru, where they conspired with others now at large to overthrow the Obasanjo administration.
At the said meetings which the prosecution alleged took place at Kirikiri Prisons and other places in Lagos, Al-Mustapha was said to have been assigned the role of financing the plot through Okorie, while Adeka and Kudambo were assigned the role of coordinating the plot and recruiting personnel respectively. Abdallah, the prosecution alleged, was charged with the responsibility of sourcing for weapons to be used in the plot.
"Between November 1, 2002 and March 2004, Major Al-Mustapha disbursed various sums of money through Onwuchekwa Okorie to Lt T.J. Abdallah for the purpose of purchasing a Stinger Surface to Air Missile to be used in shooting down the President's helicopter with the President on board.
"Between November 1, 2002 and March 2004, Major Al-Mustapha wrote letters and made telephone calls to various persons to facilitate unfettered movement of Lt Abdallah for the purpose of actualising the plot.
"Between November 1, 2002 and March 2004, Major Al-Mustapha funded Lt Abdallah's trips several times to Togo and Ivory Coast for the purpose of acquiring the Stinger Missile where the said Lt Abdallah negotiated with various persons for a Stinger Surface to Air Missile to be used in shooting down the President's helicopter. Within the same period, the said Commander Kudambo allegedly drafted the framework of a coup speech and the outlook of the intended government, the prosecution further alleged."
After the charge was read out to accused persons, they all pleaded not guilty.
The prosecuting counsel, Mr Lateef Olasukanmi Fagbemi, SAN, then urged the trial judge, Justice Dan Abutu to order that the accused be remanded in the custody of Directorate of Military Intelligence (DMI) to enable him prepare his response to an application for bail filed by counsel to Al-Mustapha, Mr Olalekan Ojo.
Ojo, who had earlier informed the judge about the motion on notice he filed, seeking to admit his client (Al-Mustapha) to bail pending trial had asked the court to order the removal of Al-Mustapha from the custody of the DMI to a civil prison.
His contention was that the accused, having been arraigned before the court should be remanded in a civil prison within the jurisdiction of the court, either the Ikoyi Prison or Kirikiri Prison.
He objected to the accused being kept at DMI, noting that the only prison known to court is the one known to law.
Citing a case of Onwudiwe against Commissioner of Police, reported in 1971 1ECSL (East Central State Laws), Ojo said, the law does not recognise the police and State Security Service custody as civil prisons, insisting that the DMI is not within the jurisdiction of the court.
Counsel to Okorie, Mr Chris Nwokobia, also aligned himself with Ojo's submission that his client be kept in the prison recognised by law. But Mr Nelson Ogbuanya, who represented Adeka, said he was comfortable with the accused being kept at DMI.
But opposing the request by Ojo and Nwokobia, the prosecution stated that although Section 236 of the Criminal Procedure Act (CPA) gives the court the discretion in the granting of bail, the court should exercise caution in using such discretionary powers, because it was when Al-Mustapha was in prison custody, that he got himself into the alleged offence.
He objected to the accused persons being taken to prison custody, saying he preferred the DMI, where there will be maximum security.
Replying on point of law, Ojo argued that the discretionary power vested on the court under Section 236 of CPA, is not to remand the accused in military detention camps and urged the court to discountenance Fagbemi's submission.
He was, however, overruled by the trial judge who ordered that the accused persons be returned to the custody of the DMI.
The judge then adjourned the matter to October 28, for argument on Ojo's application for bail, as well as those of other defence counsel which were yet to be filed as at yesterday.
Al-Mustapha, the first accused person in the alleged treasonable felony, was standing trial before a Lagos High Court over alleged assassination attempt on The Guardian Publisher, Ibru. He was at the time detained at Kirikiri Maximum Security Prison, from where he was forcefully moved to DMI custody.
The initial report was that he (Al-Mustapha) in collaboration with others were plotting a coup against the democratically-elected government, headed by Obasanjo. Government however clarified the issue and described the alleged offence as security breach.
According to the British Broadcasting Corporation (BBC), the charges are the first official confirmation of a coup plot after months of speculation about the incident last April.
Al-Mustapha who is the prime suspect in the coup attempt had been a principal character in the trial of many "coup plotters" while he was Chief Security Officer to the late Gen. Abacha between 1994 and 1998.
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