Akinwale Akintunde
15 July 2008
Lagos — The trial of former Chief Security Officer (CSO) to the late Head of State, Gen. Sani Abacha, Major Hamza Al-Mustapha and three others, for the attempted murder of Mr. Alex Ibru, Publisher of The Guardian Newspaper will start today.
This is sequel to the dismisal of Al-Mustapha's application asking an Ikeja High Court presided over by Justice Mufutau Olokooba to compel the prosecution and some security agencies to produce certain documents 'seized' from him in 1999 to enable him properly defend his case.
At the resumed hearing of the case yesterday, Justice Mufutau Olokooba in his ruling on the application said though the application seeks to actualise the rights of the accused persons to fair hearing, but he is not convinced about the relevance of those documents and materials being requested.
"The issue for determination is whether the 2nd accused person is entitled to the documents/materials sought to be produced by the 3rd and 4th respondsents. I am not convinced on the relevance of the requested materials."
Justice Olokooba stated further that the very existence of those documents and materials are doubtful and ruled that the prosecution and the security agencies who are 1st, 2nd and 3rd respondents cannot be compelled to produce the requested documents and materials.
"The very existence of those materials are doubtful because when those materials were carted away you were in custody. I therefore hold that 1st to 3rd respondents cannot be compelled to produce these materials."
The judge noted that it appears the application is well founded on the Constitution but added that it was not enough for the defendant to say he needed it for his defence.
Quoting a sister judge, Justice Olubunmi Oyewole, in the case of Gen. Ishaya Bamaiyi, Justice Olokooba stated: "Discovery is not a great issue and cannot be allowed to stall trial, opportunity for discovery is still open during trial." He therefore dismissed the application for want of merit.
Al-Mustapha who is standing trial with James Danbaba, Jubril Bala Yakubu and Mohammed Rabo Lawal for a six-count charge of conspiracy to commit murder, attempted murder and grievous harm to Mr. Alex Ibru in 1996, had earlier in an affidavit he filed alleged that the seized documents and materials contained prime evidence to show to the court that he is being persecuted by the authorities.
He further asked the court to compel both the Lagos State Government, the SSS, DMI, NIA and the police to give him the documents to enable him defend his case.
"The materials requested by the applicant/accused person are relevant to the theory of his defence. In the circumstances of this case those materials are missing link to have a clear picture of the entire scenario which the state and the SSS claimed not to be relevant to this suit", his counsel, Olalekan Ojo stressed.
Asking the court to accede to his prayers, Ojo hinged his arguments on the concept of fair hearing and why the prosecution needs to disclose all necessary information to his client.
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