A long established legal ethic well respected across the world emphasises that “he who alleges-as a prosecutor, must prove”. In the like-manner as “the onus of proof lies on he who asserts”. But, the trial of Major Al-Mustapha remains a disturbing political, constitutional and judicial phenomenon fixed to passive trials within one active trial in 13 solid years because of the inept Federal and Lagos (State-tier) attorneys, writes NUHU YARWA, Our Special Correspondent.
The Major Hamza Al-Mustapha’s court trial is NOT a movie story line or fiction.! It is a true-life account of an event in Nigeria’s Judiciary. Perfectly, it is Nigeria’s characterised window dressing mechanism that is inimical to excellence: Naked dance at the market square almost always shamelessly is not limited to her political podium, such as the electoral fraud. The Judiciary too is not “genetically” immuned to political catastrophes and self-indignation. It is clearly on the fast track to disintegration through self-ridicule, as some Nigerians opine.
For example, Almustapha’s is one worst judicial case covered by thirteen (13) long years of waisted spirit, musles-packed debates and the insecured? future via insensitive prosecution agenda against one citizen bemoaned by bad fate of being a Nigerian, working for Nigeria as a serving senior member of the armed forces, and who will perhaps, die, as a dejected Nigerian. Do I hear anyone say “a celebrated” Nigerian? No!? Not this Nigeria extending from Sokoto to Port Harcourt across Rivers Niger as well as the “Niger Area” that covers Maiduguri across the Mambilla mountains and River Benue down to Lagos and Calabar.
This is because happenings in Nigeria mark her out as a special “planet” on earth , where good ideas and tested concepts such as the above quotation on “onus of proof” do not germinate nor flourish because merit has become a mess. Nigerians of Al-mustapha’s calibre will continue to have an epitaph that reads: “Justice delayed is justice denied ever more!
In the last 13 years, 1998 – 2011, the Major Hamza Al-Mustapha’s? issue (before the “learned” judges, jurists and justices in private and public glare, in concert with proficiently? retired and serving criminal justice administrators) remains one very sad theatre of “justice delayed, justice denied” both in tempo and temperament. At every resumed hearing after intermittent adjournments, the nakedness of Nigeria resurfaces and vibrates with the onus of proof remain a great factor. This is because virus and vice have ceaselessly replaced verses in judicial orders! Indeed, “conviction” which is the final stamp of authority in prosecution is redressed as “confiscation” of certain or all of the suspects’ fundamental rights while the trial lasts!
For example, the chief prosecutors at various times-firstly, the federal Government of Nigeria and later, the Lagos State administrators between 1999 till date have exhibited a lukewarm attitude at criminal investigation and genuine determination in the dispensation of justice. A case of “attempted murder” remains speculative all this long.
This case of “attempted murder” has witnessed the trial of a sitting judge by the National Judicial Council (NJC) following the suspects’ wild allegation in an open court during one of their trials that Mr. Justice Alabi had demanded some ten million Naira gratification from them! This was in 2001. The trial of Major Al-Mustapha and company had also in December witnessed an ‘indictment’ of the chief judge of Lagos State to whom the? lawyers to the accused prayed to, asking him to re-assign their case to another court “in order to restore the confidence of the accused and their defense councils in the Lagos State criminal justice system”.
But, the chief judge ignored the plea, perhaps, for no credible evidence although no public statement was issued. The lawyers to the former commissioner of police in Lagos State in 1996, Mr. James Danbaba) who was co-joined in the case of the “attempted murder” in 1996 in Lagos of? Late Mr. Alex Ibru, the publisher of the Guardian newspaper), withdrew their services thereafter from the case.
Yet, the Al-Mustapha’s case has, in serial format, transformed from one court of justice to another: firstly, from a Lagos magistrate court in October, 1999, to a high court where the five accused received favourable declaration of not-guilty, no sufficient evidence of prima facie by the Lagos state government prosecuting? them, and the court declared their innocence. But, the Lagos State government? immediately gave notice of appeal, and the case has persisted, lingering and indeed, degenerating in substance-by public admittance. The reason being easy: Different judges have made different pronouncements and one criminal charge receiving several amendments.
Also, multiple lawyers on both sides of the pendulum,-the prosecution and the defence-have made varying arguments via astute presentations especially on the side of the defence team which cripples a weakling prosecutor.
However, the case, in absolute sense, remains intractible. It has only passed through phases, in trial as it were, by many judicial faces in fashions and fury. There have been twists in turns with great tempos and temperaments between February 2, 1996 (when Mr. Alex Ibru was allegedly shot at on the Falomo bridge in Ikoyi, Lagos) and October 22, 1998, (when the Al-Mustapha and Co. were arrested, charged with the alleged offence, including arson: They have since then been unfortunately kept at Kirikiri Maximum Security Prison. Only James Danbaba and Col. Jibrin Bala Yakubu-a former military Administrator of Zamfara State in North-West Nigeria regained freedom on the oreders of “lack-of-evidence” by the court. Nine witnesses had testified against the Al-Mustapha and? Co. And they were cross examined!
But Al-Mustapha – the former Chief Security Officer (CSO) to the late Head of State (HOS), Gen. Sani Abacha as well as CSP Rabo Lawal? who was the head of the Anti-riot Police at the late Head of State’s Presidential abode in Abuja – yet have a criminal charge of “murder murder”of late Alhaja Kudirat Abiola at? same Lagos! This lingering trial which is technically making Nigeria a laughable entity in the comity of world’s jurists and justices resonates worry. The apparent erosion of justice is not civilisation at all anywhere in the world.Lawyers say that it only sets to undermine public probity and confidence, and indeed, the general good.
Two years ago, Justice Okokoba took over the administration of the criminal case against? Al-Mustaphas. It is now Justice Mojisola Dada presiding.
New dimensions have been added to the case thereby broadening its scope: The video clips released by Al-Mustapha(in order to set himself free and to prove he was a friend of the Abiola family and by admittance, nailing those crying “wolf” where there had been none)will further create enmity across the landscape giving the tone and wordings of the press that reported the court sessions/proceedings.
Judiciary, which world-wide is best described as the “arbiter of justice” must learn to amend fractured bones quickly and soothe broken hearts. But first, the judges must be upright; must be seen to be fair and inward looking to neutralize any native press.
While free interpretations of the happenings in the court room as in all spheres of life may be subjected to intellectual and pragmatic interpretation by the press-in so far as it is within the orbit of “fair comment,” all learned justices must also control or sustain the ethics of court proceedings, especially whether certain testimonies or exhibits are admissible in law and do protect national security.
The press, representing the members of the public (national and international)is duty bound to “try” the “trial” judges by showing its (society’s) worry for the long, unnecessary adjournments, deployments of bad wordings on resumptions of this one particular case.The press will as well expose poor? prosecution mechanism by inept government agents or attorneys etcetera, because they? are inconsistent with the concept and practice of administration of justice-whether in civil or criminal matters.
In twelve years, the major Al-Mustapha’s lawyers enjoy one long credit, a consistently good, spirited defence of one client in one case over-beaten case called “the Nigeria factor”.
Outside the said “Nigerian factor” which borders on “justice delayed”,instead of justice enhanced, the major Al-Mustapha, Danbaba, Gen. Ishaya Bamaiyi and CSP Rabo Lawal’s lawyers deserves (individually and collectively), accreditation and acclaim as Senior Advocates of Nigeria (SAN), were Nigeria not burdened by a recycling ego, mischief and hatred for excellence: some lawyers have said.