Al-Mustapha loses bid for private talks with lawyer in court
By Emmanuel Badejo
A Federal High Court in Lagos has refused to grant the prayers of counsel to the former Chief Security Officer (CSO) to the late Gen. Sani Abacha, Major Hamza Al-Mustapha, to hold private sessions with his lawyer in court.
In his ruling yesterday, Justice Dan Abutu, declared that the court premises was not the proper place for lawyers and suspects to hold meetings.
Al-Mustapha, along with Lt-Col. Mohammed Ibn Umar Adeka and a civilian, Mr. Onwuchekwa Okorie, are facing a two-count charge of attempting to overthrow President Olusegun Obasanjo and to assassinate him. They were arraigned before the court on Thursday last week.
At the session yesterday, Al-Mustapha's counsel, Mr. Olalekan Ojo, did not reply the counter-affidavit filed by the Federal Government against his motion seeking for some document to be released to the suspect to prepare his defence.
The coup was purportedly planned between November 1, 2002 and March 8, 2004 by the suspects.
In the charges, Al-Mustapha and his accomplices were accused of financing and arranging logistics to blow up the President's helicopter when he is on board. The suspect pleaded not guilty to the charges.
At the resumed hearing yesterday, Al-Mustapha's lawyer was expected to argue his application, which he could not do. He told the court that the counter-affidavit was only served on him by the government yesterday.
Ojo prayed the court to give him a time to liaise with his client before replying the government.
He complained that the Directorate of Military Intelligence (DMI) had continued to deny him access to his client, adding that before he can see the accused, the military authorities must be given a minimum of 24 hours notice. He therefore urged the court to make an order for free access to the suspect.
Ojo particularly asked the court to give him approval to discuss with the accused for between 30 and 40 minutes in court before he is taken back to detention.
But the government's counsel, Chief Lateef Fagbemi, objected, saying that he was not aware of the alleged denial of access to the suspect.
He said that the proceedings should be conducted in accordance with court rules.
Fagbemi argued that the court was not a proper place for the counsel and the accused to meet.
He added that it was unnecessary for the court to also make an order to that effect since there were no regulations by either the prisons or the DMI preventing talks between counsel and client.
Earlier, Onwuchekwa's counsel, Mr. Allens Agbaka and Mr. Nelson Ogbuanya for Col. Adeka had agreed with the submission of Ojo.
Justice Abutu said that the court premises were a wrong place for lawyers and the clients to discuss.
He said further that their places of detention were the appropriate arena for them to talk. The judge said that the rules and regulations governing such places must be observed and obeyed,
He, therefore, adjourned the matter to November 15, 2004.
Okorie had filed an application for bail on the ground of ill health. The judge also ruled that this application would be heard together with Al-Mustapha's motion to expedite the action.
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