He, however said these, including what he claimed were recordings of the last minutes of the late MKO Abiola's life and that of the meeting where money were allegedly shared among Yoruba leaders, were taken from him by security agents whom he said ransacked his residences in Abuja, Kaduna and Yobe states.
The trial was also not without drama, as the Lagos High Court premises was turned into a prayer ground by Al-Mustapha's supporters who had regularly turned up at each hearing to render prayers and invoke God's support for the defendant.
Tuesday's cross examination commenced with Al-Mustapha admitting that he was not with Sani Abacha when he died. He told the court that he last saw his late boss around 2am on the day he died, along with some ministers and ambassadors who were at the Presidential Villa for a meeting.
He also admitted not to be present when Mr Abiola died, adding that he was, however, "technically present when Abiola slumped and died in the presence of the four people that were with him when he drank the tea." He argued that his being there, technically, was via a centralised tape recording system he maintained which he said gave the confidence to confirm what happened.
"If I am not there, I cannot confirm it from the tape I have," he said. "My technical presence is as good as physical presence, otherwise I cannot claim my knowing."
The suspect, however, said the video tapes were no longer in his possession.
"They were seized after I was arrested on October 21, 1998 in Enugu on the orders of General Abdulsalami where I had been transferred to," he said. "In Abuja, 11 'Ghana-must-go bags' were taken and I've not seen them till date."
The prosecution team, led by the Solicitor General of Lagos State, Pedro Lawal, then asked him how he was able to get the tape of the visiting Yoruba elders.
"Careless keeping is a form of security where something valuable are kept in the open," Al-Mustapha replied. "That video was labelled cartoon, and that was why it was left behind."
When prosecution asked why the video of Abiola's death and the one where money was shared were not tagged cartoons or carelessly kept, Al-Mustapha replied: "They were all taken away." Mr Lawal also called for a replay of the video aired on Monday, which Al-Mustapha presented to back his claim that Yoruba leaders were paid by the presidency after Abiola's death.
After the replay, Mr Lawal stated that the response by the leader of the group, Abraham Adesanya, did not signify that the alleged meeting held a day after Mr Abiola's death.
Mr Al-Mustapha then quipped that Mr Abiola died exactly a month after Abacha's demise, and "such was so automatic for anyone to understand." "On July 6, 1998, Bola Ige brought Abiola's family to see him. Then on July 7, 1998, Abiola died and then on July 8 1998, the Yoruba elders came and held discussions and they say they will go ahead with the government of national unity without knowing what happened to their man who was hale and hearty? These are questions that must be asked," he said.
Repeating his charges that Mr Abdulsalami was central to the riddle of how the late Abiola died, Al-Mustapha asked rhetorically: "Why Obasanjo was sent home and Abiola left behind in detention. Abiola was in Abuja, while Obasanjo was in Yola. If General Abdulsalami cannot answer these questions because he is bigger than everybody, then let those distinct questions remain open."
Still on the video, Mr Lawal noted that amongst those in the video was Arthur Nwankwo, a NADECO chieftain. He, therefore, asked the suspect if he wouldn't agree that the people in the video were "elders of NADECO and not South-West leaders." Al-Mustapha agreed with the prosecution and acknowledged that this was indeed a meeting with NADECO leaders.
On the allegation that Nuhu Ribadu had orders to kill him, Al-Mustapha claimed that the Commissioner of Police "this morning confirmed on Radio France that 'Ribadu is my boy and he operated under me."
Narrative of victimhood
Asked why he was just saying all this now, Al-Mustapha again repeated his charge that he had never been given the opportunity.
"This is the first time for me to defend myself in 13 years," he said. "Even while I was at Oputa panel, I was always given no-go areas - issues I could never discuss. There was a time late Gani Fawehinmi came and sat beside me in the box and said 'if they were going to shoot you, let them shoot us together. Speak and you must speak."
Mr Al Mustapha told the prosecution he believed in the integrity of the court and had asked that all the things seized from him must be produced.
Pushing his claim that he was merely a victim of high-wire politics, the suspect also demanded for the inventory of his properties, alleging that "it is my possession of the tape on Abiola's murder that has brought this case." He further stated that he became "an enemy" to people that wanted Abacha removed.
"This started in 1994 when they wanted to kill him and they could not because I was there," he said.
He also urged the court to issue a subpoena to police officers from Panti CID who investigated the assassination of Kudirat Abiola between 1996 and 1998, saying "they must be brought to testify."
The trial continues tomorrow.
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