By Innocent Anaba
A Lagos High Court, yesterday, adjourned till November 12, 2010 for  the prosecution to conclude argument in its opposition to the no case submission of Major Hamzat Al-Mustapha, former Chief Security Officer, CSO,  to late military Head of State,  General Sani Abacha, and others, who were alleged to have attempted to murder publisher of The Guardian Newspapers, Mr. Alex Ibru.

Trial judge in the matter is Justice Muftau Olokoba.

Standing trial alongside Al_Mustapha are  former Lagos State Police  Commissioner, James Danbaba, former Zamfara State Administrator, Lt. Col. Jubrin Bala Yakubu and former Head of the Aso Rock Anti_Riot Police, Rabo Lawal.

At the resumed hearing of the no case submission, yesterday,  counsel to Lt. Col Yakubu, argued that where an essential element has not been proved, then his client has no case to answer.

“In proving the allegation of attempted murder of Alex Ibru, the prosecution was not able to show that the defendant actually had the intention to kill the publisher of Guardian Newspapers,” his counsel argued. He prayed the court to discountenance the testimony of prosecution witnesses, who had at one point or the other contradicted themselves during cross examination.

“Non of the prosecution witnesses mentioned the name of Lt. Col Yakubu in their testimonies in court, linking him with alleged attempted murder of Alex Ibru. The prosecution had 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,” the counsel argued.

He  urged the court to acquit and discharge Yakubu.
Counsel to James Danbaba,  had on November 3, 2010 while adopting his written address, prayed the court to acquit and discharge him of all allegations preferred against him by the prosecution, arguing 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.

Justice Olokoba had earlier ordered the defence team to file their written briefs in support of the no case submission of the prosecution within 21 days.

The judge, while directing the prosecution to file its own written briefs within 21 days after the receipt of the last brief from the defence team, said “the defence shall be at liberty to file their reply briefs on point of law if any within seven days.”