Posted by By Innocent Anaba on
JUSTICE Daniel Abutu of a Federal High Court sitting in Lagos, yesterday quashed the second count of the three count amended charge of plotting to shoot down President Olusegun Obasanjo's Helicopter with the President on board, preferred against Major Hamza Al-Mustapha former Chief Security Officer (CSO) to late Head of State, Gen Sani Abacha and two others, Lt Col Mohammed Umar Adeka and Onwuchekwa Okorie
LAGOS - JUSTICE Daniel Abutu of a Federal High Court sitting in Lagos, yesterday quashed the second count of the three count amended charge of plotting to shoot down President Olusegun Obasanjo's Helicopter with the President on board, preferred against Major Hamza Al-Mustapha former Chief Security Officer (CSO) to late Head of State, Gen Sani Abacha and two others, Lt Col Mohammed Umar Adeka and Onwuchekwa Okorie.
The court upheld the contention of defence counsel, that the said second count of the charge did not disclose the particulars of the offence for which the accused persons were alleged to have committed.
The said count of the charge quashed stated that, "you Al-Mustapha, Lt Col. Adeka, Okorie and Commander Yakubu Kudambo of the Nigerian Navy (now at large), between November 1, 2002 and March 31, 2004, in Lagos and other diverse places in Nigeria within the jurisdiction of the Federal High Court conspired with one another and with others at large to commit an offence, to wit: Treason and thereby committed an offence punishable under section 37(2) of the Criminal code Act Cap 77, Laws of the Federation, 1990 (now Cap C38 Laws of the Federation, 2004).
Defence counsel had argued that the said second of the charge had no particulars of the offence and there was no proof of evidence to support the said count, as such there was nothing the accused persons would defend against in the said count.
Defence had also argued that what government wanted to do was hide under the said count to bring information the accused persons are not privy to later in the trial of the matter and that government cannot be talking of accused persons conspiring, when it (government) has predetermined the offence of treason against the accused persons.
After the ruling, quashing the second count of the charge against the accused persons, counsel to Adeka and Okorie took turn to urge the court to quash the third count of the charge.