Nigeria Content Online

Mojisola Dada, a judge of a Lagos High Court in Igbosere,
yesterday, admitted as evidence, a statement dated September 10, 2000, made by
Lateef Shofolahan, a former aide of late Moshood Abiola in the on-going trial
of Hamzat Al-mustapha, the former Chief Security Officer to the late military
head of state, Sani Abacha, and former head of the Police Mobile Unit at the
Presidency, Rabo Lawal, over their alleged roles in the murder of Kudirat
Abiola, wife of the acclaimed winner of June 12, 1993 presidential election.

The judge, who had earlier fixed Tuesday to determine whether
the statement was made voluntarily or by means of torture, held that the
statement by Mr Shofolahan was not confessional in nature. “The statement,
according to available facts before the court, showed that the 3rd defendant
made the statement voluntarily and not under duress as earlier canvassed by the
defendant and it is hereby admitted and marked exhibit A6,” she said. “The fact
that the defendant’s were legs and hands were chained whenever they appear
before the Special Investigation Panel (SIP) and even after, does not in any
way translate to torture.”

The defence argument

Olalekan Ojo, counsel to the defendants had on September 22,
2010, while adopting his 22-page written address, urged the court to refuse the
purported statement since it was not made voluntarily.

The essence of the trial within trial is to determine whether
the statement was made voluntarily or by means of torture. Part of the
submissions of the defence counsel is that the cuffing of the legs and hands of
suspects in detention is against their fundamental rights.

He argued that suspects in custody should not be subjected to
torture or any dehumanising treatment by the detaining authority. Mr Ojo 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. The matter was adjourned to December 20, 2010 for continuation
of trial.