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Court remands Al-Mustapha in prison over attempt on Ibru's life -- the original charge
AN Ikeja High Court, Lagos yesterday ordered Major Hamza Al-Mustapha, the former chief security officer to the late Head of State, Gen. Sani Abacha, be remanded in prison.
Their trial, which is to begin with an amended charge signed by the immediate past Lagos State Director of Public Prosecutions (DPP), Mrs. Bola Okikiolu-Ighile, also stated that the accused persons conspired to murder one Isaac Porbeni.
They were also accused of wilfully setting Rutam House, the premises of The Guardian Newspapers, on fire.
Al-Mustapha and the three others all pleaded not guilty to the six-count charge brought against them.
However, the trial of the accused persons could not begin immediately as expected because of the issue of where to keep Major Hamza Al-Mustapha as was raised by his counsel, Mr. Olalekan Ojo.
The state's acting DPP, Mrs. Olabisi Ogungbesan, had earlier informed the court of a letter from the State Security Service (SSS) indicating that it was not willing to continue keeping Al-Mustapha in its custody.
In her application, she asked the court to remand the accused person in prison custody in view of the fact that the SSS who has been in charge of his custody said it could no longer accommodate him since he has been discharged of treasonable charges last week.
Reacting to the application before the court, Ojo also filed a counter application asking the court to discountenance the application of the state on the ground that the accused person has been with the Directorate of Military Intelligence (DMI) since March 31, 2004 from where he has been coming to court.
He stated further that the DMI has been using the SSS facilities for the purpose of taking care of the medical needs and the custody of the accused person, adding this was an arrangement between the DMI and the SSS and that the court should not be involved.
In his ruling on the matter, Justice Mufutau Olookoba observed that the usual place of remand for accused persons awaiting trial is the prison, adding that it was appropriate to remand the accused person in prison custody as provided for by law.
Justice Olokooba, however, ruled that the application to remand the accused person at DMI is therefore refused for now.
The judge adjourned the case for commencement of trial till May 19, 2008.
In a related development, another case involving the four accused persons with regard to the killing of Alhaja Kudirat Abiola, the wife of the acclaimed winner of June 12, 1993 election, Bashorun M.K.O. Abiola, before Justice M.O. Dada of Ikeja High Court could not hold yesterday
This was because it coincided with the other one before Justice Mufutau Oloko-Oba.
The matter will come up on April 29, 2008.
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