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Mojisola Dada, of
the Lagos High Court, Igbosere, yesterday fixed November 23, 2010 to
determine whether a statement dated September 10, 2000, made by Lateef
Shofolahan, a former aide of Moshood Abiola, was made voluntarily or
under duress.

Mrs Dada fixed the
date shortly after parties in the suit adopted their written addresses.
The Lagos State government had sued Hamza Al-Mustapha, the Chief
Security Officer to the late Head of State, Sani Abacha, and the former
Head of the Police Mobile Unit at the Presidency, Aso Rock Villa, Rabo
Lawal, for attempting to murder a former Director of Sports in Delta
State, Isaac Porbeni, and the Guardian Newspapers publisher, Alex Ibru.

Under duress

The core of the
trial-within-trial is to determine whether a statement dated September
10, 2000 made by Mr Shofolahan, a former aide of Mr Abiola, was made
voluntarily or by means of torture. At the resumed hearing of the
matter, defence counsel, Olalekan Ojo, while adopting his 22-page
written address, urged the court to refuse the purported statement
since it was not made voluntarily. The court will also determine
whether the prosecution has provided requisite evidence to justify why
Mr Shofolahan was handcuffed and leg-chained during the period of his
detention, particularly in the interrogation room and when the alleged
statement was obtained.

Part of the submissions of the defence counsel is that putting
fetter on the legs and hands of suspects in detention is against their
fundamental rights. The defence counsel argued that suspect in custody
should not be subjected to torture or any dehumanising treatment by the
detaining authority.

The defence also submitted that no suspect should
be hand-cuffed or leg-chained in the interrogation room either
routinely or to gratify the pleasure of the interrogator. He maintained
that it is settled in law that any departure by the interrogators or
investigator from acceptable rule has to be justified by the
prosecution. Mr Shofolahan, a former aide to the late Kudirat Abiola
was sentenced to 31 years imprisonment with hard labour for his
involvement in the plot to kill the late leader of Afenifere, Abraham
Adesanya.