FASHEUN/AL-MUSTAPHA ROMANCE: "Fasheun is dinning with the devil" — Opadokun
Chief Ayo Opadokun
The Secretary, National Democratic Coalition, Chief Ayo Opadokun, in this interview with LEKE BAIYEWU,
says the weakness of the judiciary led to the discharge and acquittal
of Maj. Hamza Al-Mustapha, the former Chief Security Officer of late
Head of State, Gen. Sani Abacha
How would you react to the
discharge and acquittal of Maj. Hamza Al-Mustapha by the court, against
wide belief that he masterminded the murder of Kudirat Abiola?
Unfortunately, I’m tempted to imagine
that that is one other instance of the degeneration of the entire
judicial system in the country. Over time, the Nigerian judiciary has
been captured by elements that constitute a very potent negative
influence on our polity. How do I mean? Nigerian judiciary used to be a
very dependable, commendable and credible part of our system, and was
reckoned with internationally. Even on the African continent, we had
the likes of late Dr. Akinola Aguda, Dr. Olu Onagoruwa and Justice Udo
Udoma
presiding over their (African countries) judiciary and helping
them to write their constitutions.
The military had done incalculable
damage to that institution. If the Justice Kayode Eso report and
recommendations had been implemented, many people who have been
pretending to be good and big shots in Nigerian judiciary – who have
retired or still in service – ought to have been dismissed a long time
ago. I’m saying, therefore, that the instance of the Al-Mustapha case is
also to remind us that the arm of government that is supposedly the
last bastion for the ordinary man has been significantly bastardised,
subverted and captured by the political elite. They have captured the
Nigerian judiciary and what we have today is a shadow of what we had.
I’m not unmindful of the good work that the current Chief Justice of
Nigeria, Justice Aloma Muktar, is doing. She’s trying to cleanse the
organ’s table.
How precisely did the military manipulate Nigerian judiciary?
I granted an interview recently and I
said when late Chief Gani Fawehinmi revealed that the entire Nigerian
Supreme Court had been pocketed by (former military dictator) Gen.
Ibrahim Babangida, he specifically told the whole world how IBB gave
Baby Benz (Mercedes Benz 190) to each of them (justices). They went to
court for libel, with late Chief F. R. A. Williams being their counsel.
They said Fawehinmi was guilty of blackmail but they didn’t follow the
suit. Those judges remained in office until most of them became Chief
Justice of Nigeria. Their negative impact has corroded the system.
So, what are your findings about the Al-Mustapha trial?
I tried to follow the High Court
proceedings. First, it was clear beyond reasonable doubts that
Al-Mustapha had a mission – it was to prolong that trial perhaps until
many governments had passed and he would eventually be set free. He
didn’t want the trial to end. He was raising motions and the court would
rule over them. His lawyers turn to the appellate court; the appeal
court would take its time too and give its ruling. Then, the case would
proceed to the Supreme Court. He has decided to frustrate the process of
getting justice done. Remember, he and (Lateef) Sofolahan were not the
only ones, they were about seven. The others had found their way out
because they accepted to be tried singularly for their offences.
What was clear in the Court of Appeal
ruling, although we don’t have the certified true copy of the judgment
and cannot really speak authoritatively on what they have done, is that
they said there were contradictions. My understanding of the law of
evidence is that if somebody is a participant in an act and the
prosecution decided to turn him over to become a prosecution witness, in
circumstances like this, his evidence will have probable value and it
will be accepted – which the judiciary accepted. The Court of Appeal
judges didn’t face the demeanour and what we regard in law as the
nuances of a witness being cross-examined. When a witness is making his
evidence in view, the trial court is in a position to watch him and
follow up his attitude. Once such has been admitted, it has high
probable value.
From what I was told, judges were of the
view that the witnesses had recanted. If that were to be the reason,
it’s very unfortunate. Somebody must have forgotten the rudiments of
evidence. And when it comes to a prosecution witness, who, perhaps, was
part of the conspiracy at the instance, he certainly knew the entire
story more than anyone, including the prosecution. Therefore, if he had
spoken and his evidence had been admitted, and the fellow later claimed
he was forced to say what he said, the Nigerian law of evidence says
that such evidence remains acceptable and should be given high value.
That was not what they did in that case, from what I read. We are still
waiting to find out what was the final shape of their mind before they
released him.
What do you see as heroic about
Al-Mustapha, as claimed by the founder, Oodua Peoples Congress, Dr.
Frederick Fasehun, and other supporters of the man?
Dr. Fasehun is older than I am and I’ll
give him that benefit because I’m a Yoruba man. But he has, for a long
time, exposed his glaring inadequacies to stand for principled
positions. He was always dining with the devil and having breakfasts
with Satan. He had done that on a number of occasions, which members of
the public will remember.
Can you give instances?
In 2002, he held an OPC rally in Mushin,
Lagos, asking Yoruba people to support Chief Olusegun Obasanjo (for the
presidency). When I returned to the country, I asked him ‘why are you
doing this for Obasanjo, who you have castigated several times. How come
you have now become his campaign manager?’ He replied, “You see, Chief
Obafemi Awolowo was not allowed to get there; MKO Abiola that also won
the presidential election was killed; since Obasanjo is another Yoruba
man, we should support him.” I told him that I knew he was not acting
bona fide. I said, ‘you must be acting because you have been programmed
to do so.’
While he was doing that, he was also
getting pampered by the Lagos State Government under Bola Tinubu. From
both sides, they took over his life. There are things I cannot say,
which we know about him. You’ll remember that Fasehun went to court when
Al-Mustapha lied during his criminal trial for murder and said, ‘when
NADECO members visited (the then military Head of State) Gen.
Abdulsalami Abubakar, they frowned while going in and were rejoicing
while coming out because something had changed hands.’ He said so about
two years ago. Fortunately, I just returned from my holiday and I told
the media that we couldn’t have done that kind of gamble for free. I
asked, ‘Dr. Fasehun, even if you’re asleep and someone gave you such
information, are you disposed to accepting such wickedness with all that
we’ve done together?’ I reminded him ‘we knew what God used us to do
when you were incarcerated. But you’re not bound by any principles any
longer.’
When a man has got to that stage, all
that matter to him is how to raise money and feather his own nest. Some
people told me it was due to senility. I don’t think it is senility of
any sort, I think the fellow is ordinarily living a false life; life of
hypocrisy. Saying something and acting something else. Recently, he told
the media that he was reviving the Unity Party of Nigeria. He was not a
member of the defunct UPN; we never knew him. How did he come about it?
Somebody must be sponsoring him; somebody somewhere must be doing
something for Fasehun. Where are the people supporting him? I was not
surprised when I saw a report in which (National Coordinator, OPC) Gani
Adams gave him a blind eye and said Fasehun was not representing the
Yoruba people; what he has done with Al-Mustapha was his private agenda.
I just concurred with what Adams said. I know that between the two of
them, at the height of their crisis and quarrel; a lot of lives were
lost. They spilled blood. Any person of conscience should be careful not
to spill another man’s blood. God is the owner of blood and blood will
always call for blood.
I don’t want to waste my energy on what
Dr. Fasehun is doing. I have no doubt in my mind that nemesis will catch
up with people who, in moments of opportunity, decide to betray
whatever causes they have pretended to be championing.
Would you advise that the Lagos
State Government should press for more legal actions at the highest
court, especially when children of the victim have left justice to God?
In the interest of the public, the
government should file an action between 30 days and three months
specified. The appeal must be filed in the interest of the people. Our
accusatory system of criminal justice is talking about justice to the
plaintiff, accused and to the public. I believe that in the interest of
justice to the victim and the public, it should go to the final end over
this matter. The reason is obvious; what some elements are talking
about would gain ground and it would look as if Al-Mustapha won in the
court and won in the court of public opinion. I wish that the final
court in Nigeria would make a pronouncement over this matter so that the
two positions would be properly registered in public opinion.
