Al-Mustapaha and Co: A Case for Justice Denied

By

Abbas A. Dikko

ibndikko11@yahoo.com

 

Over nine years from now, Gen.Ishaya Bamayi, Col. JB Yakubu, Maj. Hamza Al-mustapha all serving military men in the government of Gen. Sani Abacha of blessed memory, were arrested and incarcerated for alleged attempt on the life of Felix Ibru by Gen. Abdulsalam Abubakar regime. Soon after handing over to the democratically elected government of President Olusegun Obasanjo, many including myself thought, their trial and if possible prosecution, may not stayed longer than necessary because of the provisions of the rights of human persons that exist in any civilian administration.

 

Unfortunately, this turned out to be a different thing entirely; instead, it became an infringement in their rights to freedom, fair hearing and justice as contained in the rule of law within the framework of the Constitution of the Federal Republic of Nigeria, subjecting democratic rule and leaders therein to contempt and doubt, interpreting their actions to insincerity and vengeance. New wounds opened instead of healing old ones, creating mix-filling and planting the seed of discord into the minds of many Nigerians for unnecessary reasons that were never explained or defended to the last they vacated office.

 

This no doubt, misconstrued that legal terminology of “Justice delayed, is Justice denied”. These citizens were kept in the detention for nearly ten hard years or there about, bail denied, trial frustrated, condition of living degenerated, their families devastated in a country where rule of law is said to be the supreme. May be, we have to require the Apex court to interpret and enforce this adage as were the cases of Governor Peter Obi and Rotomi Ameachi of Anambra and River state respectively.

 

Happily, the era of contempt, misinterpretation and total disregard to courts rulings had gone succeeding leadership, are law compliance, due process adherence and respecta of constitutional provision as embedded in our existing system. These had been predicated by the immediate released of Lagos state, local government funds that had been held by the past regime, re-instatement and returning of Peter Obi and Rotimi Ameachi as governors of their respective states in accordance with the verdicts of the supreme court, similarly, outright acceptance of the voiding of the governorship elections of Adamawa, Kebbi, kogi, National and state assemblies by the Election petition tribunals.

 

However, in the spirit of peace and co-existence, growth and development, unity and oneness, leaders of the movement for the actualization of Biafra and emancipation of Niger Deltan, had been granted their partial freedom through the instrument of bail bond and now rejoicing with their families and people, Ganiyu Adams, OPC leader that led the massacre of Shagamu had since been freed. Therefore in that same spirit, one should have expected by now Al-mustapha and co, rejoicing with their families and wards. Their alleged crime, is almost similar in nature, number of years spent in incarceration; incomparable to these others, tendency to jump; none existence.

 

Unless otherwise, there are no bases for Al-mustapha and co, to continue to wallow in prison custody all these years and denied their right to justice as interpreted in the existing law of the land. Where were the assassinators of Dokubo, a chieftain of PDP in the south-south, Harry Marshall, a chieftain of ANPP in the country, Bola ige a justice minister of the country including several personalities that their lives were slain during the defunct Obasanjo government? Was it not in this country, alleged principal accused in the minder of Bola Ige, under remand, contested and won election to the seat of senate of the Federal Republic of Nigeria?

 

What happened to the culprits in the murder of Funsho Williams, in spite of the invitation and presence of FBI to crack the case and two other gubernatorial aspirants of the 2007 election in Ekiti and plateau States respectively? It is timely and rightful to avail ourselves with the equality of all persons before the law; therefore there is the need for justice to be tempered with mercy. Only if we want to continue to represent miscarriage of justice as it was the order in the immediate past government.

 

If what were made to believed as their alleged offences, except in the contrary, these people deserved some respite and, where the former government was economical with the truth, it shouldn’t be the moral burden of the present regime. President Yar’Adua had said it all, that, it is ripe enough to change our way of doing things in accordance with the rules and regulation in all aspects of our lives as a people and a nation.

 

For our country to move two or more steps from Old Stone Age, barbarism and measure up with the best acceptable practice in the world, we must subjugates our acts and conduct in accordance with civilized way and principles of law. Therefore, one expects nothing but, holistic compliance by all Institutions, Agencies and their principals under this administration, leniency extended to others, should as well, reach Al-mutapha & co., in the spirit of natural justice and conscience.

 

Primordial sentiments apart, our northern senators and honourable members, traditional and religious leaders, elite and elder statesmen should consider this a duty to make a compassionate appeal on behalf of these people. No two ways about it, they are our sons and it is no crime, notables from other geopolitical zones of the country had done such things in the interest of their people. I remembered, between 2004/’05, our traditional rulers headed by the late Sultan Muhammadu Maccido of blessed memory, made a concerted effort but, were turned back by President Olusegun Obasanjo, that, their case was not under the jurisdiction of the federal government.

 

There was referral, using legal provision that the alleged offences were committed in Lagos, hence, the case in question, is under the ambit of the Lagos State government. Interestingly, several cases of that magnitudes were tried outside the area of there committals; Mujahideen and leader of MASOB, Alleged corrupt governors, EFCC doctored list among others, are good examples, so, why should their case be exceptional? The accusation and arrest, was never made by the Lagos State government hence, the case was never between Al-mustapha & co. Vs Lagos State rather Federal government, so, what does that have to do with the Lagos State governor?

 

More in collaboration for the compassionate appeal; Arewa consultative forum, Northern union, Arewa youth forum and our Civil liberty organizations, should as well, close ranks like other Pan-cultural organizations and Liberty groups from the other divides to canvass for their speedy trials or immediate release, at least, they had served enough of their prison term even if convicted. North and its citizenry, shouldn’t be so insensitive to the plight of these people, I believed they had not committed too serious blunder to deserve this uncaring treatment. During Obasanjo regime, we saw sons of the north, used as lapdogs to harassed some northern notables, dehumanized our people, battering not only the interest of the north, but, Nigerian nation, 3rd term and more ungodly acts committed by these young men, are still fresh in our memory.

 

Today, it has been divinely confirmed, Obasanjo’s government was undemocratic, uncivil and sadist in all ramifications, it lacks decorum, focus and sincerity of purpose, beside vengeance, victimization, intimidation and deception, nothing characterized it. Democratic culture; never impacted or acquired, dividends of democracy; below average, good governance; completely absent, legacy beside confusion, tension, disquiet and discontent, nothing can be recorded bequeathed, his eight year democratic rule, as good as waste, courtesy; Chief Olu Falae.

 

Finally, northern media equally have  its on contribution to make, we all know, the only avenue the voice of the oppressed can be heard, is definitely through the able press. In the past, it had championed such outcry, unfortunately, it fell into deaf ears, but now, the change in the system and manner at which the art of governance are conducted, is a good development. Therefore, we shouldn’t be tired, let’s collectively revisit the issue and once again bring it to the front burner; hopefully, we may be able to record some degree of responses from the people at the helms of affairs.

 

Let me at this juncture, use this opportunity to passionately appeal to their families to eschew bitterness, be prayerful, patient and perseverance, Almighty Allah is unlimited in His mercies and wisdom.