Marathon trial ends: Danbaba, Yakubu go home - One more case for al-Mustapha, Rabo

Major Hamza Al-Mustapha

Ten years of incarceration ended yesterday for former Lagos State Police Commissioner James Danbaba and former Zamfara State military administrator Colonel Jibrin Bala Yakubu when Justice Muftau Olokoba of the Lagos High Court, Tafawa Balewa Square (TBS) discharged and acquitted them of complicity in the attempted murder of The Guardian’s publisher Chief Alex Ibru in 1996. General Sani Abacha’s former Chief Security Officer Major Hamza Al-Mustapha and former O/C Mopol at the State House Chief Superintendent of Police [CSP] Rabo Lawal were also discharged and acquitted, but they will not go home yet because they are still standing trial for the 1996 murder of Mrs. Kudirat Abiola. The four men have been standing trial for the two Abacha-era offenders since 1999. Former Army Chief General Ishaya Bamaiyi was acquitted of the same charges last year.

Justice Olokoba, while ruling on the no case submission filed by Al-Mustapha and the others, declared that the evidence preferred against the accused persons on all the counts was worthless. The judge said there was no evidence of conspiracy as alleged on the first count.

He said, “I hold that no prima facie case has been established against the accused persons. I hereby acquit and discharge them’’.

There was wild jubilation in the court premises by family members and friends of Al-Mustapha and the other defendants. They took to the streets chanting victory songs and applauding the judiciary for setting all the accused persons free after a very long trial. Even though there was a large combined team of security forces, it couldn’t control the crowd that besieged the court premises.

Major Al-Mustapha smiled broadly when the verdict was delivered. One of his supporters said, “The truth has finally prevailed after 10 years. The judiciary has done well. It has rejuvenated our hope in rule of law and social justice. Well meaning Nigerians and international bodies have cried aloud for the release of these accused. This is the moment. The moment has come. Victory for the judiciary. Victory for the Federal Republic of Nigeria.’’

Al-Mustapha’s counsel Olalekan Ojo explained to newsmen, “James Danbaba would go home. The third defendant Colonel Bala Yakubu would also go home. But my client Al-Mustapha and Rabo Lawal can’t go because of the case before Honourable Justice M.A Dada [the Kudirat murder case].”

Ojo added, “It must be realised that the same set of witnesses that gave evidence before Justice Olokoba were the same set of witnesses that gave evidence before Justice Dada. But I can say that the evidence before Justice M.A Dada who is handling the case of alleged murder of Kudirat Abiola by the defendants is even much more damaging, contradictory and repudiatory than what they had before Justice Olokoba.

What I expect of any honourable prosecution is to throw in the towel and withdraw the case.”

Mr. U.C Ikeguble, counsel to the 3rd accused person had earlier in the proceeding contended that where an essential element has not been proved, his client has no case to answer.

In proving the allegation of attempted murder of Alex Ibru, he said, the prosecution was not able to show that the defendant actually had the intention to kill the publisher of Guardian Newspapers.

Urging the court to discountenance the testimony of prosecution witnesses who have at one point or the other contradicted themselves during cross examination, he said none of the prosecution witnesses mentioned the name of the 3rd accused person in their testimonies in court or linked him with the alleged attempted murder of Alex Ibru.

“The prosecution has failed to make a prima facie case against the defendants as to conspiracy to kill Alex Ibru and Isaac Porbeni who was former commissioner of sports in Delta State as alleged. The prosecution also failed to produce the original tapes of the Special Investigation Panel that carried out investigations into the alleged crime, in spite of long adjournments.”

C.K Nmakwe, counsel to the first accused person had on November 3, 2010 while adopting his written address prayed the court to acquit and discharge the 1st accused of all allegations preferred against him by the prosecution.

He urged the court to consider if the prosecution has established a prima facie case against his client. He argued that the court cannot convict the accused on allegation of conspiracy when there is no evidence before the court to prove same.

For his part, Olalekan Ojo, counsel to Al-Mustapha and Rabo Lawal, contended that it would be unjust if the prosecution continued to subject his clients to trial when it cannot prove that they committed the alleged offence.

“There has been no legally admissible evidence against the accused persons by the prosecution. The court should consider the failure of the prosecution to call on Investigating Police Officers (IPOs) who took statement from the accused to testify before the court,” he said. Ojo however prayed the court to uphold the no case submission of the 2nd and 4th defendants in the matter.

However, prosecution counsel Gbadebo Oshoala informed the judge that the accused persons knew about the attempted murder of Ibru and therefore had a case to answer.

He urged the court to discountenance the written submissions of the accused persons and rule against the accused accordingly, but his plea did not succeed.