By Emmanuel Badejo

The alleged plot was said to have taken place between November, 2002 and March, 2004.

The trial judge, Justice Dan Abutu held that the suspects could not be granted bail since the allegations against them carry capital punishment.

The duo, Lt. Col. Mohammed Ibn Umar Adeka and a civilian Mr. Onwuchekwa Okorie, were linked to the failed coup allegedly plotted by Major Hamza Al-Mustapha, the former Chief Security Officer to the late Gen. Sani Abacha.

The government's counsel in the case is Mr. Lateef Fagbemi (SAN), while Mr. Olalekan Ojo is representing Al-Mustapha, Nelson Ogbuanya leading Adeka's defence and Chris Nwakobia handling Okorie's defence.

Adeka and Okorie, who have pleaded not guilty to the allegation, had filed separate applications for bail at the court.

They had pledged not to jump bail, adding that granting their application was a constitutional right.

But the government opposed the argument, noting that they are being tried for a treasonable offence, which carries capital punishment.

The prosecution also said that if the accused were granted bail, it was not sure if their release would not amount to a security breach and might affect the smooth conduct of the proceedings.

The court upheld the government's arguments.

According to the government, the alleged coup was planned by Al-Mustapha. The former CSO, according to the two-count charge, financed and arranged the logistics to blow up President Obasanjo on board a presidential helicopter.

The fourth accused person on the charge sheet, Commander Yakubu Kadambo, is at large. The charges are treasonable felony, which attract summary execution.

Government's charge sheet, which was signed by the Attorney General of the Federation (AGF), Chief Akinlolu Olujimi read:

"That you Major Hamza Al-Mustapha (M), Col, Mohammed Ibn Umar Adeka (M), Commander Yakubu Kudambo (M) of the Nigerian Armed Forces (NAF) and Mr. Onwuchekwa Okorie (M) of No. 1, Industrial Road, Apapa, Lagos, between November 1, 2002 and March 8, 2004 in Lagos and other places in Nigeria within the jurisdiction of the Federal High Court formed an intention to remove during his term of office otherwise than by constitutional means the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria and manifested such intention by overt acts and thereby committed an offence contrary to Section 41(a) of the Criminal Code Act (CCA), Cap 77, Laws of the Federal Republic of Nigeria and punishable under the same section.
The overt acts are alleged thus:

Between November 1, 2002 and March 2004, Lt.-Col. Mohammed Ibn Umar Adeka, Commander Yakubu Kudamo and Lt. Tijani J. Abdallah and Onwuchekwa jointly and severally visited Major Hamza Al-Mustapha at Kirikiri Maximum Security Prison (KMSP) several times and met at various places in Lagos and conspired among themselves and others now at large to overthrow the Federal Government of Nigeria.

Between November 1, 2002 and March 2004, Lt. Col. Mohammed I.U. Adeka, Commander Yakubu Kudambo, Major Hamza Al-Mstapha, Lt. Tijani J. ?bdullah and Onwuchekwa Okorie assigned themselves and other persons, roles for the purpose of overthrowing the Federal Government of Nigeria by force of arms.

Between November 1, 2002 and March 2004, Major Hamza Al-Mustapha was assigned the role of financing the plot through Onwuchekwa Okorie, Lt. Col. Mohammed Ibn Umar Adeka was assigned the role of coordinating the plot. Commander Yakubu Kudambo was also assigned the role of coordinating and recruiting personnel for the plot while Lt. Tijani J. Abdallah was assigned the role of sourcing weapons to be used in the plot.
Other allegations preferred against the accused also include exchange of correspondence and release of money by Al-Mustapha to others with the intent of executing the alleged plot.