| By Ade Adesomoju | |
| Wednesday, 10 Aug 2011 |
Maj. Hamza Al-Mustapha told a Lagos High Court, Igbosere, on Tuesday that he was “technically present” where Abiola died.
Al-Mustapha, chief security officer to the late Head of State Gen. Sani Abacha, and Shofolahan, an aide to the late Kudirat, are both standing trial for the murder of the woman, wife of the late Chief MKO Abiola, Kudirat on June 4, 1996.
He had said Abiola was murdered by poisoned tea while having a meeting at the Aguda House in the presidential villa.
Earlier, while being led in evidence by his counsel, Olalekan Ojo, Al-Mustapha had also said Abiola slumped after the meeting and nobody among those arround him could lift him up.
At the resumed trial during cross-examination by the counsel for the prosecution, Mr. Lawal Pedro (SAN), Al-Mustapha maintained that his “technical presence” at the place Abiola died was as good as his physical presence.
He said, “I was technically present when MKO Abiola died. I got and watched the video from a central recording by the people who were present with him. My technical presence by the virtue of my duty and profession is as good as my physical presence.”
“If I am not there I cannot confirm what happened on the video that I got and I cannot claim I know how it happened.”
He however said he was not with Abacha when he died on June 8, 1998.
He said, “I saw Gen. Abacha arround 2:30am. I later left him with some ministers, some protocol and some ambassadors. So, I was not with him when he died.
Though, the former security aide claimed he knew “how Abacha was murdered,” he added that he would refrain from speaking on it because it had no relevance to the charge.
The former CSO, said he was not sacked as the CSO to the Head of State immediately after Abacha died. According to him, he occupied the position until “I was asked to leave in August 1998.”
He said Gen. Abdusalami Abubakar, who became the Head of State after Abacha, posted him to Enugu arround August 20, 1998 against the 16-point agreement he earlier reached with him.
He said,”As part of our 16-point agreement, we agreed that all detainees are to be set free and that was done.
“Obasanjo was released, but MKO was kept perpetually in custody. The question then is why? Pa Abraham Adesanya and others came to the presidential villa, the day after Abiola was murdered talking about the Government of National Unity not minding what had just happened to Abiola.
“Chief Bola Ige was asked to bring Abiola’s family members to the presidential villa on July 6, 1998, Chief Abiola died on July 7, one month after Gen. Abacha died. In just one month, two personalities who were political obstacles gave way. That raises the question and that is too automatic to believe?”
The CSO denied ever saying he had in his possession VHS tape showing where money was being shared to the Yoruba elders but added that, “I only said I had the video to show when the money was brought.
“If only the court can ask Gen. Abubakar to return my properties, or just the inventories of what they took from my home. With the inventory, I can prove that I have the video recordings of many other things that happened that I am yet to disclose.”
He alleged that Abubakar sent people to his house in Yobe State and packed 11 bags of “Ghana-must-go” containing his personal belongings, CDs and video tapes.
He denied that he told the court that Arthur Nwanwko was in the video he earlier showed in the court but admitted that the delegation to the presidential villa, allegedly led by Pa Abraham Adesanya, on the second day after Abiola died was made up of “elders of NADECO” and not the South-West leaders.
Al-Mustapha also told the court on Tuesday that he could not tell how Kudirat Abiola was killed or who killed her as it was not his duty to investigate the murder.
During the cross-examination, Al-Mustapha further denied complicity in the murder of Kudirat.
The witness said he knew about Kudirat’s murder through “the occurrence report” sent by the then Inspector-General of Police to the office of the then National Security Adviser.
He said, “There were arrests after the murder of Kudirat Abiola. The police effected the arrests. Confessional statements were made, a case diary was opened and occurrence report was sent to the National Security Adviser, for the attention of the President. That is how I got to know of the murder.”
“I was not the police. I did not do the investigation, but in the proof of evidence, there is a statement of one of those arrested in 1996, one Mr. Adesina. I read the statement, It was even the prosecution that even gave it to us. It’s in our proof of evidence.
“The Police CID in Panti, Lagos, carried out the arrests and investigations.
“My duty as the CSO begins and ends in the presidential villa. If Al-Mustapha is there in Abuja, that is different from policing the country.”
Meanwhile, the court, on Tuesday, also granted permission to Al-Mustapha and Shofolahan, to appeal a decision of the court dismissing their “no case submission” on July 14.
The defendants had asked the court to dismiss the murder charge against them, saying the prosecution had no case against them.
The court, presided over by Justice Mojisola Dada, had on July 14 dismissed the defendants’ no case submission.
Justice Dada saw the nature of allegation levelled against them required explanations from them.
The prosecution’s counsel did not object to the applications for the leave to appeal.
Moving the application at the Tuesday’s proceeding, counsel to the accused persons, Ojo, said the application was necessary for their appeal against the court’s ruling.
He said, “The law prescribes that where there is interlocutory decision, in the proposal to appeal containing grounds of facts or mixed law with facts, the leave of the honourable court must be sought.”
Justice Dada, delivering her ruling on the applications, held that “the defendants have the right to appeal and the appeal if succeeds has the potential of terminating the whole proceeding in this court.”
http://www.punchng.com/Articl.aspx?theartic=Art201108105261760