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B N W: Biafra Nigeria World News |
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Al-Mustapha's suit stalls trial in attempted murder of Ibru
THE trial of the former Chief of Staff, Lt.-Gen. Ishaya Bamaiyi and four others for conspiracy and attempted murder of The Guardian publisher, Mr. Alex Ibru, took a dramatic twist yesterday, as one of the suspects in the case, Major Hamza Al-Mustapha, has instituted a fresh suit to enforce his fundamental rights.
In a motion ex parte before the Federal High Court in Lagos, Al-Mustapha is seeking a declaration that his continued detention at the Directorate of Military Intelligence (DMI), Lagos, is wrong, illegal, oppressive and a violation of his rights as guaranteed under section 35(4) and (5) of the 1999 Constitution, and Article 7 of the African Charter of Human and People's (Ratification and Enforcement) Act cap 10 laws of the Federation 1990.
Consequently, the trial of the attempted murder of Ibru may have to be put on hold to determine the issue of fundamental rights raised by Al-Mustapha, although the trial judge, Justice Kayode Oyewole, had last month fixed further hearing in the suit for October 17 and 18.
Others standing trial with Bamaiyi and Al-Mustapha are former Commissioner for Police, Lagos State, Mr. James Danbaba, former Zamfara State Military Administrator, Col. Jibril Yakubu and former Chief Superintendent of Police, Mohammed Rabo Lawal.
Besides Al-Mustapha, who has been in custody at the DMI since March this year on allegation of security breach under the present administration, the others are being detained at Kirikiri Maximum Security Prison, Lagos.
The present suit is yet to be fixed for hearing at the Federal High Court.
The suit was brought against the Federal Government, the DMI and the Attorney-General and Minister for Justice of the Federation, Akinolu Olujinmi (SAN).
In the motion, Al-Mustapha claimed that his removal from the Kirikiri Prisons, Apapa, Lagos, by men of DMI on March 31, was meant to interrogate him regarding the allegations of conspiracy and an attempt to stage a coup against President Olusegun Obasanjo's administration.
He pointed out that since the end of the interrogation, in which he had denied the allegation, he had been kept in the custody of DMI, a situation he claimed to be making things difficult for him to adequately prepare his case before Justice Oyewole.
Al-Mustapha further stated that besides being unable to access some documents, including his case diaries, his fundamental rights are continuously breached as the DMI continues to deny him access to his wife, other family relations and his doctor, to whom he could have resorted for medical attention.
He said his present application was aimed at redressing the breach to his fundamental rights.
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