Court admits Abacha CSO’s statement as evidence

A Lagos High Court, yesterday admitted in evidence a statement by former Chief Security Officer to the late General Sani Abacha, Major Hamza al-Mutspaha, in which he admitted giving out his arms to Sergeant Barnabas Jabila (Rogers).

In the statement written on October 13, 1999, al-Mustapha said he gave his arms to Rogers for cleaning “when ever we come back from range exercise”. He denied issuing out his arms to Rogers to kill the late Chief M.K.O. Abiola’s wife, Kudirat. Rogers led the Strike Force – a special squad that went after opponents of the Abacha regime.

al-Mustapha, who was given the statement to read to the hearing of all in court, denied that the statement was his. He also said the contents were dictated to him under duress as he faced the Special Investigation Panel (SIP) that investigated Mrs Abiola’s murder.

He explained, in the statement, the relationship between him and the late Mrs. Abiola’s former aide, Lateef Sofolahan (whom he referred to as Alhaji Lati), saying before their meeting at the SIP, Sofolahan was introduced to him in Abuja by Alhaji Sarkin Sasa, as an informant.

al-Mustapha and Sofolahan are being tried for alleged conspiracy and murder of Mrs Abiola on June 4, 1996.

Despite stiff opposition from the defence lawyer, Olalekan Ojo, the court upheld argument by the prosecution lawyer and the state’s Solicitor General, Lawal Pedro justifying the need to admit the statement in evidence admitted the statement in evidence. It admitted it and marked it “Exhibit DR5”.

“The court has already ruled that the statement under contention marked ID 2 is not confessional in nature. Therefore, the need to call for a trial within trial is eliminated. The witness denied the content of the statement as his, but that of the SIP and that it was dictated to him by the SIP.

“This is, therefore, the retraction of the whole document and can be distinguishable from the circumstances under which exhibit P4 was admitted. I have also said earlier that the scenario has changed from yesterday. The issue of admissibility was not an issue. The whole essence of the objection has been defeated,” the court held.

Part of the statement reads: “As I stated earlier on September 23, 1999, I reaffirm that I did not send Sergeant Barnabas Jabila (Rogers) to kill the late Alhaja Kudirat Abiola on the 4th of June 1996. There was no contact that I made with Alhaji Lati prior to this date other than when Alhaji Lateef was introduced to me by Alhaji Sarkin Sasa, here I Abuja.

“I did not send anybody to Alhaji Lateef regarding Alhaja Kudirat Abiola. The arms and ammunition that is, Uzi, SMG with 9 mm rounds, with silencer did not come from me.

“Though Mr. Barnabas Jabila (Rogers) had earlier said that Mohammed Abacha was around when I gave him my personal arms, it could be true that I showed him my arms for cleaning, which used to be my pattern of cleaning whenever we come back from range exercise.

“But certainly, I did not give him my personal arms and ammunition to kill Alhaja Kudirat Abiola. I did not send the sum of N50, 000 through Barnabas Rogers Jabila as claimed after he shot Alhaja Kudirat Abiola.

“I have now been shown a statement of Alhaji Mohammed Abacha dated October 6, 1999 and I wish to state as follows: That I did not give my arms to Barnabas Jabila Rogers to shoot anybody. As stated above, it must be for cleaning of my arms. Barnabas Jabila Rogers is an instructor and he works in the Presidency. Entrusting arms to him for cleaning is normal.

“As mentioned by Alhaji Mohammed Abacha, there was never a time that Barnabas Jabila came to me to discuss Allhaja Kudirat issue as being published in the newspapers and all the allegations being made against me in the media.

“Alhaji Mohammed Abacha also did not discuss such issue with me. I did not send Barnabas Jabila to Alhaji Mohammed Abacha to request for a car with a driver for an assignment in Lagos. I have had no previous knowledge of the discussion between Alhaji Abacha, Major Ali and Mohammed Katako in Kano.

“I was also not privy to the money given to some BG (Body Guards) to the late Gen. Sani Abacha … I have been shown the statement made by Alhaji Mohammed Rabo Lawal, former O C , MOPOL and I wish to state as follows: That it is true that Alhaji Sarkin Sasa introduced Alhaji Lateef to me as an informant. I, in turn, introduced him, that is, Alhaji Lateef to Mohammed Rabo Lawal.

“At the time when Alhaji Lateef was introduced to me, we had very few officers and non-commissioned officers in the Security Department. So, Rabo Lawal O C, MOPOL was already tasked to go to Lagos with a view to monitoring a planned NADECO rally in Lagos which was reported to be to destroy General Abacha’s personal property.”

In the statement, he also denied relating with Rabo Lawal and then Commissioner of Police in Lagos, James Danbaba, regarding the burning of Rutam House (housing the Guardian Newspapers head office) and the shooting of its publisher, Alex Ibru.

Prior to the admission of the statement, al-Mustapha told the court, under cross-examination by Pedro, that he first met Sofolahan in Abuja at the Two Million – Man march held to drum up support for the alleged transmutation plan of the late Gen. Abacha and that he later met him at the SIP.

Pedro: Major al-Mustapha, do you know the second accused person in this case?

al-Mustapha: Yes I do.

Pedro: Did you know him very well and familiar with him before your arrest?

al-Mustapaha: No. I first saw him in 1998 when a delegate (sic) from Lagos came to Abuja for the Two Million Man march. And I also saw him at the SIP.

Pedro: Yesterday, you admitted before the court that you made this statement. Look at this statement and read from line six to nine. (Pedro extended the letter towards him).

al-Mustapha: This is the statement that I made under severe duress; the statement that is not my own. This is the statement I said I made under severe torture. I made 28 statements, including this one.

When pressed further on how he was able to identify Sofolahan from the two million people at the march in Abuja, he said Sofolahan, who attended the march as part of the delegation from Lagos, had been part of a youth delegation that preceded the march.

Pedro: You testified for the second accused in the trial-within-trial conducted in this case.

al-Mustapha: I was a witness in the trial-within-trial.

Pedro: You voluntarily agreed to testify in favour of the second accused?

al-Mustapha: I chose to tell the court the truth because I believe the court needed to know the truth.

Pedro: It means you know the second accused very well.

al-Mustapha: I knew him in 1998 during the Two Million Man march. He was a member of the Lagos delegation. We met again at the SIP.

Pedro: Can you tell the court the circumstance in which you met him out of the two million people at the rally?

al-Mustapha: Prior to the Two Million Man march in March, selected youth leaders across the country were brought together at the Ministry of Youth Affairs at the Three Arms Zone, Abuja. Because of the large number of people and the place where they were meeting, the CSO was interested.

Pedro: Which CSO are you referring to? Are that CSO?

al-Mustapha: Yes, I was the CSO.

Pedro: You met the second accused among the delegates of youths from all over the country?

al-Mustapha: Yes. That was where I met him.

When the statement was given to him to read, he said it was the statement he earlier claimed to have made under severe physical and psychological torture, and that he accepted the dictation for the SIP in a bid to save his now late father, his brother and his immediate family who were all under threat.

When Pedro attempted to tender the statement, Ojo kicked. Then, there were arguments on its admissibility by parties, following which the court gave the ruling.

Pedro later resumed the cross-examination and asked al-Mustapha if all the denials in the statement were equally dictated to him. He replied: “Yes”. He added that he made 28 statements in all and that they were all made under duress and conditions of torture.

When asked why Gen. Abacha’s son, Mohammed was charged with them at the beginning of the case, Al-Mustapha told the court that he (Mohammed) was included in the case because those who set up the SIP wanted to “squeeze” his father’s money from him.

Pedro: Mohammed Abacha, do you know him very well?

al-Mustapha: He is the son of the late Head of State, Gen Sani Abacha. Part of my responsibility was to protect the Head of State and his immediate family.

Pedro: He was arrested in respect of this case?

al-Mustapha: He was arrested because of his father’s money. He was arrested because he was to be squeezed. He was later framed in this charge.

Pedro: He was also at the SIP. Is that correct?

al-Mustapha: Yes, but before a separate SIP that was headed by the convening authority, the then Director-General of the State Security Service (SSS), Mr. Kayode Are.

Pedro: Was there any confrontation between you and Mohammed Abacha at the SIP?

al-Mustapha: No, except on one occasion when they were taking me out and he was being brought in. They asked me to ask him where his father’s money was kept.

Pedro: You talked about Mohammed Abacha’s statement and other statements. Did he also make a statement before the SIP?

al-Mustapha: Yes, but the statement was made by the SIP. He was only made to sign it. Why they wanted him is not just because of Gen Abacha’s money. They took him out of Kirikiri prison in Lagos to Abuja without even informing the court in Lagos. It was all because they were interested in Gen. Abacha’s money. Even some of the money that was recovered was never returned to government.

Pedro: So it is the Supreme Court that discharged Abacha from this case?

al-Mustapha: Yes. I have even read the judgment. They even described the case as persecutory.

Pedro later gave him a loose copy of the judgment to identify.

al-Mustapha: I can’t identify it this way. I read it from the published Law Reports.

Pedro gave him a copy and he identified it. When Pedro attempted to tender the judgment, Ojo objected and told the court of his intention to support his objection with a lengthy argument, a development that prompted the lead prosecution lawyer to excuse himself from proceedings on the grounds that he had other things to do.

Ojo later addressed the court for over 30 minutes, but was stopped when the temperature in the court room became unbearable because of the poor ventilation. The air conditioner was not functioning and the room was poorly lit.

A group of placard-bearing members of the Arewa United Association of Nigeria stormed the court, calling for fair trial for al-Mustapha. Some messages on their placards read: “Al-Mustapha deserves fair trial”; “Enough is enough” and “President Goodluck Jonathan, you believe in the rule of law”.