The Nation Newspaper

Tag: Al-Mustapha

  • Appeal court dismisses Bamaiyi’s application

    The Lagos Division of the Court of Appeal on Tuesday dismissed an application filed by a former Chief of Army Staff, Gen. Ishaya Bamaiyi  (rtd), challenging the ruling of a Federal High Court.

    ‎A panel presided over by Justice U.I. Ndukwe-Anyanwu struck out the appeal for want of diligent prosecution because none of the parties had attended to the matter since its institution.

    Bamaiyi and three others had approached the appellate court seeking the nullification of late Justice R.O. Nwodo’s decision which struck out a Fundamental Human Rights (FHR) suit instituted by the former COAS and three others against the National Judicial Council (NJC).

    Other appellants are former Lagos Police Commissioner, James Danbaba (rtd), former Chief Security Officer to the late Gen. Sani Abacha, Major Hamza al-Mustapha and Assistant Superintendent of Police (ASP), Mohammed Rabo Lawal.

    The appellants were about 13 years ago charged with attempted murder of Guardian Publisher, Alex Ibru before Justice Augustine Ade Alabi of a Lagos High but in the course of the trial it was alleged that the trial judge demanded $10 million bribe from them.

    ‎In a petition to the NJC, they claimed that the judge had caused delay in hearing motions, refused to supply record of proceedings in the case as well as threatened and bullied their lawyers severally in court.

    ‎The appellants had demanded that the trial judge should disqualify himself from the case, but the body after investigating their allegations, concluded it was baseless and frivolous.

    A three-man panel headed by Justice Bolarinwa Babalakin ‎was set up and tendered a 44-page report in which Justice Alabi was cleared of all allegations.

    Describing Bamaiyi’s claims as malicious, ‎the panel dismissed the bribe allegation against the judge.

     

  • Nigerians promote insurgency – Al-Mustapha

    Nigerians promote insurgency – Al-Mustapha

    Major Hamza Al-Mustapha, the Chief Security Officer to the late Head of State, Gen. Sani Abacha, has accused Nigerians of promoting insurgency in the Northeast.

    Al Mustapha said it is a fact that because of ignorance from private and public sectors, the country has over the years promoted causes of insurgency out of greed and selfishness.

    He also stated that peace and security should be not be compromised in any way.

    He spoke at a world press conference on the activities of the Al-Mustapha Peace, Unity and Development Initiative (APUDI), held in Abuja Monday.

    His words, “If you look closely at our environment, I will say because of ignorance from private and public sectors, we have over the years promoted causes of insurgency, some deliberately, some out of greed, some out of selfishness, some out of ignorance, this is a fact but when it comes to apportioning blames, that is another thing entirely and that is what I do not do.

    “When a country finds itself in our situation, where damage control measures are of the essence, at that point in time, all agencies should now look very well at their limitations in terms of their primary and secondary assignments and find ways to address the problem.

    “Peace and security should not be compromised in any way by any security agency.”

     

  • Al-Mustapha withdraws suit against cleric

    Al-Mustapha withdraws suit against cleric

    ormer Chief Security Officer to the late Head of State, Gen. Sani Abacha, Major Hamza Al-Mustapha, said yesterday that he had withdrawn the defamation case he instituted against a Kaduna Islamic scholar, Sheikh Sanusi Khalil, at an Upper Sha’riah Court in Kaduna.

    Maj. Mustapha told the court through his counsel, Garba Sadau, that he was withdrawing the case because of the interventions of peace makers, who appealed to both parties.

    His counsel said: “May I announce to Your Honour that we are withdrawing our suit before your Lordship because we have arrived at a decision and agreement based on the defendant’s public retrieval of his earlier statement accusing my client of training some snipers to kill 1,000 Nigerians. We humbly asked this court to strike out this earlier suit based on this mutual agreement.”

    The defence counsel, Mallam Aminu Dikko, did not object to the application, adding that the defendant initiated the reconciliation process when he announced in the same mosque where he had accused Major Al-Mustapha that he erred and subsequently apologised.

    He said: “My Lord, for record purpose we want to state clearly that yes, some Nigerians intervened to settle out of court, but that’s not our reason for the withdrawal of the case but because our client, Sheikh Sanusi Khalil realised that the information made available to him was false.

    “As a man with the fear of God he did the right thing by announcing publicly that he erred.  He went a step ahead by sending the same message to some media houses.”

    In an interview after the court session, Al-Mustapha said he respected authority, adding that some prominent Nigerians approached him and pleaded with him to withdraw the case, he obeyed.

    He, however, warned this might not be the end of the suit between him and Sheikh Khalil because he was aware that the sheikh has written to the Human Rights Commission, maligning his character, pointing out that he was only waiting for the outcome of investigation by the commission before deciding on the next step.

  • ‘Our Girls’; Questioning security; Employ psychologists please; Will the $10m be stolen also?

    ‘Our Girls’; Questioning security; Employ psychologists please; Will the $10m be stolen also?

    Our Girls’ from Chibok are uppermost in our minds and actions and require a collective non-partisan political will. There is a public perception that the Dame Jonathan summons to Chibok related officials was actually in bad taste. Many people think however it revealed serious flaws in every level of national, state and LGA management, security and supervision. As a result of this and the seeming unserious sluggish uncoordinated planning and response to Chibok, Nigerians are worried and not for the first time are asking about the state of readiness of their armed forces in spite of the military hierarchy having unlimited access to the nation’s finances for years. How far has politics compromised its professionalism to meet threats?

    Generations of Nigerians are used to military excesses and many at home and abroad, still bear the scars of being on the receiving of soldiers and killer squads from the Abacha era even as Al Mustapha has walked ‘free’ in body if not in soul. But with Boko Haram and the Fulani cattle herder menaces and the coming political violence threatening every home now, this generation, is questioning the generals –retired and serving and the police hierarchy. Are they ready or will they stand aside and watch, saving only politicians and billionaires? This is supposed to be a new democratic era.

    The questions Nigerians want answered include – What manner of material and mental support does Nigeria give to those under arms as compared to soldiers in foreign countries? What quality and quantity of arms have they? What is their state of mind and body and weapon preparedness to meet guerrilla warfare? What happens to the armed forces budget that they require ’emergency’  billions extra? What is ‘welfare’ and who gets what out of ‘welfare’? What is the welfare package for our other ranks soldiers in our current warfare? When do the other ranks get paid and rotation in and out of war zone? Why was there a mutiny? Do soldiers in the field get adequate supplies as we have never seen police at checkpoints ever being supplied with food and water? What is the point of Jaji and all those military manoeuvres?

    Regardless of corruption today and in the past military era, Nigeria must further empower its armed forces to contain Boko Haram and the Fulani herdsmen and later the thugs of democracy. It must also upgrade its toilets to clean and functional, a human right for its foreign security advisors.

    How many of our hundreds of unemployed psychologists are employed in the police, the armed forces and other security units and even NGOs and for staff and victim support? For the first time in Nigeria’s history, we are thankfully being forced by international anti-terror protocol to involve psychologists to care of anguished parents, families and initiate standard Post Trauma Psychological Protocols (PTPs), for dealing with anxiety and trauma memories on release. We had no such psychologists for the victims of Fulani herdsmen, bomb blasts at Nyanya or for the survivors of the several other attacks since Chibok which have claimed over 350 Nigerians since Chibok. This Post Trauma Psychological Protocol must be part of the medical preparations for the reception of the Our Girls’ and victims and family at every other emergency that produces physically and psychologically traumatised survivors and relatives.

    Of course our armed forces are good. Look at their track record internationally. For our investment in them, they have to be. From their pledge of service they must be good. They have pledged their lives and many have lost their lives, often unsung, to protect us. Already how many soldiers have paid the ultimate price to keep us safe from Boko Haram? How do we honour those already dead? Do they even get a public military funeral?  Though we do not judge success by the casualty figures, the estimated 8,000 ECOMOG soldiers dead in Liberia and Serra Leone are bloody testimony to the sacrifice of our young Nigerian men. Where is their memorial? Did they get a military burial? We all know that the Navy and the Air Force have been under-supplied for years supposedly because of the expense of training and purchasing and especially properly maintaining sophisticated planes, helicopters and modern ships. However is the army in the same poor-equipment boat? Nigerians pay little attention to maintenance. Is it so in the Armed Forces?

    Certainly Nigerian authorities pay little or no attention to communications updates even in the police. Remember David Mark’s remark, as a high military government minister, about the phone not being for the poor. Of course we all have cell phones now but do the armed forces personnel have modern high-tech communication gadgets that we see in modern warfare during the capture of Bin Laden for example? Many Nigerians want to know if we have any elite troops not the type unleashed during the Abacha terror when Al Mustapha worked infamous CSO for the dreaded Abacha.

    International donors’ $10m school security fund will substitute for education funds mismanaged or stolen over the years. Donors should demand evidence of recent funding in the 500 schools for books etcetera and how much of the vote for the selected schools was received. The $10m donors will merely replace funds routinely ‘redistributed’ from the LGA accounts monthly. Each LGA in Nigeria has had enough money to turn schools and hospitals into good quality premises delivering good education and health.

     

  • Al Mustapha sues Islamic preacher for ‘defamation’

    Al Mustapha sues Islamic preacher for ‘defamation’

    Former Chief Security Officer to the Late Gen. Sani Abacha, Major Hamza Al-Mustapha, Wednesday dragged a Kaduna based Islamic preacher, Sheikh Sanusi Khalil before the Upper Shariah Court, Daura Road, over alleged defamation of character.
    Al-Mustapha is accusing the cleric of defaming his character in a sermon he preached at the Sani Zango Daura Jummu’at mosque in December 2013, accusing him of training snippers to be used for political purpose.
    The case which came up Wednesday amidst tight security could however not hold due to the absence of the presiding judge, Mallam Mustapha Umar.
    In a direct criminal complaint filed by his counsel, Sadau Garba, Al-Mustapha is accusing the Islamic cleric for defamation and mischievous propaganda against his person.
    “The defamatory” words, according to the summons, “are contained in both CD and DVD plates recorded with the knowledge and consent of the accused person and were being sold to members of the public both within and outside Nigeria” contrary to the provision of section 137 (1) Shariah Penal Code 2002, Kaduna State.
    It further said that the Islamic cleric, in the course of his preaching was alleged to have stated thus: “The evil that men do lives after them. Information has reached me (that) you are in charge of training some young snipers and killers to promote your political ambition.
    “These boys are being trained to kill some 1,000 people in this country perceived to be stumbling block on your part to achieving your political ambition. That is what (Obasanjo) said in his letter. If it is Sanusi that said this, they will accuse him of abusing some people.
    “This is what Obasanjo told Jonathan in his letter. About two to three Fridays ago, in this place, I told you about the existence of these sniper boys….
    “The person that was given this unfortunately is a Muslim brother. He has been given the contract of training and mobilising them on how to use these boys in wanton killings in order to win election at all cost. Let’s call a spade a spade, the person that was given this contract is Al-Mustapha.
    “I swear with the name of God where he first started sitting with these boys, the venue and the time he sat, I swear with the name of God I have all the details.
    “Are you not the one being accused of bringing terrorism into Nigeria? Al-Mustapha when you were arrested and detained, the poor Muslims, Christians, soldiers, police, Nigerians both within and outside the country all sympathised with you, prayed for you. If you are to pay for these prayers, I swear with the name of God, you don’t have the money to pay.”

  • APC, al-Mustapha and the politics of inclusiveness

    More than six months after the Court of Appeal in Lagos acquitted the former Chief Security Officer (CSO) to the late Head of State Gen Sani Abacha of the murder of Kudirat Abiola, the Lagos State Government has decided to challenge the judgement. According to a THISDAY newspaper report, however, that decision is raising ripples. Not only is the decision to appeal coming after the statutory time allowed for appeal, it is also happening at a time of major political realignments considered still too brittle to withstanding significant jolts. The governor of Kano State, Rabiu Kwankwaso, it will be recalled, recently defected to the All Progressives Congress (APC), the same party ruling Lagos. And al-Mustapha, who hails from Kano, was welcomed back home as a hero by the governor.

    Quoting sources, the paper revealed that some leading members of the party fear that the decision to appeal a judgement celebrated in Kano a few months ago could dampen the acceptability of the APC in the state and perhaps weaken its chances in future polls. Both Lagos and Kano have not officially reacted to the decision to appeal and the suppositions woven around it. They are unlikely to do so directly, for the matter is a double-edged sword.

    If Lagos had decided not to appeal, and it emerged sometime in the future that the consideration behind it was political, it could damage both the state and the party in the estimation of the state’s sensitive and discriminating electorate. For the public would naturally presume that both the party and the state habitually and whimsically subordinate issues of justice to matters of politics. But it is also true that pursuing the case against al-Mustapha, who was received back home a hero, could send signals to the people of the state that their new party was either intrinsically inquisitorial or had just become so in reflection and reinforcement of the country’s ethnic and political dichotomies.

    However, the three parties to the al-Mustapha case – Lagos, Kano and APC – must determine by what standards they hope to be judged. Would they like to be seen as flexible, and therefore unprincipled, when pertinent issues of justice are being considered? Could they hope that such malleability would not endanger the principles their party stands for, and the values by which it hopes posterity would judge it? I think it is dangerous for the party to begin to entertain such expedient considerations. True, the case could cause a lot of problems for the party, and even create huge dissonance within the ranks. But at the risk of undermining its popularity in key states, whether those with huge or small electoral votes, it is more rewarding for the party to build its foundations on sound and incontestable principles and values.

    The danger of following expediencies is how to determine when to embrace it and when not to. No party worth its salt would want to be associated with reprehensible political mores and tactics. If the APC hopes to be respected and be seen as a viable alternative to the highly protean Peoples Democratic Party (PDP), it must be prepared to make the sacrifices necessary to establish an enduring foundation for its future. The time to make those sacrifices is now, at its infancy, when the stakes are still very high. If it loses the opportunity now, it may never regain it. Lagos wants to appeal the al-Mustapha case; let it do so resolutely, and let the Supreme Court finally determine the suspect’s guilt or innocence. Major al-Mustapha himself should relish that final vindication, should it come. Meanwhile, neither Lagos nor Kano must give the impression that al-Mustapha’s freedom is more important to his admirers and sympathisers than the catharsis, justice and closure Alhaja Kudirat’s family demand from Nigeria.

  • Al-Mustapha: Appeal Court strikes out Lagos’ application

    Al-Mustapha: Appeal Court strikes out Lagos’ application

    The Court of Appeal, Lagos yesterday struck out an application by the Lagos State Government, seeking leave to appeal its judgment, which acquitted Major Hamza Al-Mustapha and Lateef Shofolahan.

    Al-Mustapha, former Chief Security Officer to the late General Sani Abacha, and Shofolahan, former aide to late Alhaja Kudirat Abiola, were sentenced to death on January 30 last year, by Justice Mojisola Dada of a Lagos High Court.

    However, the Appeal Court on July 12 upturned the lower court’s judgment, insisting that the prosecution failed to establish a charge of murder against the appellants.

    Dissatisfied by the judgment, the state government had indicated interest to appeal the judgment of the court at the Supreme Court.

    At the resumed hearing yesterday, Assistant Chief State Counsel, Femi Adamson, in an oral submission, prayed the court to strike out the application, same having been withdrawn by the respondents, due to effluxion of time.

    He noted that by the provisions of the rules of court, such application for leave to appeal ought to have been filed before the expiration of 30 days after the judgment.

    “My lord, we have an application before this court, dated August 12 and filed on the same date, for leave to appeal the order of this court delivered on July 12.

    “This application has however been overtaken by time, and so, this court lacks jurisdiction to entertain same.

    “We hereby withdraw this application before your lordship, and we shall ensure that we file all necessary processes before the Supreme Court,” Adamson said

    The application for withdrawal was not objected to by the counsel to the appellants, Adedayo Adedeji and Olalekan Ojo.

    The appeal panel, headed by Justice Shagbaor Ikyegh, in a short ruling, struck out the application.

    “This application, having been withdrawn, is accordingly struck out,” he ruled.

    In setting aside the judgment of the trial court, the Appeal Court had held that the prosecution in totality, failed to establish a charge of conspiracy and murder against the appellants.

    The lead judge of the court, Justice Rita Pemu, had held that it was foolhardy and unreasonable for the trial court to have so swiftly convicted the appellants when it was very evident that the prosecution had a bad case.

    Pemu held that there existed a huge shadow of doubt in the case of the prosecution, which ought to be resolved in favour of the appellants.

    She had therefore ordered the discharge and acquittal of the appellants, while the judgment of the trial court was quashed.

    The convicts were arraigned in October 1999, on a four-count charge bordering on conspiracy in the murder of Kudirat Abiola in 1996, on the Lagos-Ibadan Expressway.

    Justice Dada had found them guilty of the offence, and had accordingly convicted and sentenced them to death by hanging.

    Counsel to appellants had, however, appealed the judgment of the trial court, 24-hours after its delivery.

    Al-Mustapha’s appeal was premised on four grounds, while that of Shofolahan was hinged on five grounds.

    The appellate court however, discharged and acquitted the appellants on July 12, for failure of the prosecution to prove its case beyound reasonable doubt.

  • Al-Mustapha: Appeal Court strikes out Lagos application

    Al-Mustapha: Appeal Court strikes out Lagos application

    The Court of Appeal, Lagos, on Friday, struck out an application by the Lagos State Government, seeking leave to appeal the verdict which acquitted Major Hamza Al-Mustapha and Lateef Shofolahan.

    Al-Mustapha, a former Chief Security Officer to late General Sanni Abacha, and Shofolahan, former aide to late Alhaja Kudirat Abiola, were sentenced to death on January 30 last year, by Justice Mojisola Dada of a Lagos High Court, Ikeja.

    However, the Appeal Court on July 12 upturned the lower court’s judgment, insisting that the prosecution failed to establish a charge of murder against the appellants.

    Dissatisfied by the judgment, the state government indicated its readiness to appeal the verdict at the Supreme Court.

    At the resumed hearing on Friday, the Assistant Chief State Counsel, Femi Adamson, in an oral submission, prayed the court to strike out the application, same having been withdrawn by the respondents, due to effluxion of time.

    He noted that by the provisions of the rules of court, such application, seeking leave of appeal, ought to have been filed before the expiration of the stipulated 30 days after the judgment.

    “My lord we have an application before this court, dated August 12 and filed on the same date, for leave to appeal the order of this court delivered on July 12.

    “This application has however been overtaken by time, and so, this court lacks jurisdiction to entertain same.

    “We hereby withdraw this application before your lordship, and we shall ensure that we file all necessary processes before the Supreme Court,” Adamson said.

    The application for withdrawal was not objected by Counsels to the appellants, Adedayo Adedeji and Olalekan Ojo.

    The appeal panel headed by Justice Shagbaor Ikyegh, in a short ruling, struck out the application.

    “This application having been withdrawn is accordingly struck out,” he ruled.

     

     

  • Al-Mustapha condoles Lar’s family

    Al-Mustapha condoles Lar’s family

    The former Chief Security Officer to late Gen. Sani Abacha’s, Maj. Hamza Al-Mustapha, on Saturday expressed regrets that he did not meet the late Chief Solomon Lar before his death.

    Al-Mustapha made his feelings known while speaking with Rep. Beni Lar, a daughter of the deceased, during a condolence visit to the Lar residence in Abuja.

    He said he had planned to visit the late Lar, who was a former National Chairman of the Peoples Democratic Party, but fate made it impossible.

    Al-Mustapha, who described the deceased as a father and defender of democracy said he had established contacts with him since when he was appointed the Minister of Police Affairs.

    “Our relationship continued, even while I was incarcerated.

    “Therefore, after my release, I thought of coming to say `thank you’ to him. But, I couldn’t before he died,’’ the News Agency of Nigeria quoted the former CSO as saying during the visit.

    He prayed God to grant the deceased eternal rest and the entire Lar family the fortitude to bear the loss.

    Speaking also at the event, a former Deputy President of the Senate, Alhaji Ibrahim Mantu, said the late Lar cared about Al-Mustapha.

    He said the late former governor of the old Plateau State kept on telling him about the need to get Al-Mustapha released from prison when he (Mantu) was at the National Assembly.

    “I never knew why `Baba’ was interested in Al-Mustapha’s release until this visit. Bur we did our best as at that time.

    “During that time, at many times when we thought we had finished the deal in the evening, some other people were somewhere changing things before daybreak,’’ Mantu said.

     

     

  • Why Lagos is appealing judgment on Al-Mustapha, by Fashola

    Why Lagos is appealing judgment on Al-Mustapha, by Fashola

    LAGOS State Governor, Mr. Babatunde Fashola, has explained the reason why the state government appealed the acquittal of Major Al Mustapha at the Supreme Court, saying the state places highest premium on human lives.

    Fashola, who made the remark at the commemoration of his 2300 days in office held at the Blue Roof of Lagos Television, Ikeja, said the government acted based on the popular agitation of the people.

    He said, “The first report is in respect of the verdict of acquittal of Major Al Mustapha for charges of conspiracy and murder by the Lagos Division of the Court of Appeal, which has generated some mixed reactions.

    “Because our Constitution permits a further appeal to the Supreme Court, and because we place the highest premium on every human life and because the families of the victims deserve every right to agitate the matter to the final court, just as the accused would have been entitled, your government has appealed on behalf of the people to the Supreme Court.”

    He also disclosed that the government filed 20 different petitions in the Census Tribunal to challenge the figures in the 20 local governments, adding that the petitions were successful in 14 of them where the tribunal made various findings that included the orders for recounts.

    He added, “From these findings, it seems fair to conclude that the census returns were manipulated against Lagosians in an act of grave injustice to say the least.

    “No nation that wants to prosper and solve human challenges should ever be tardy or play politics with data collection projects such as population census. You cannot manage what you cannot measure,” he said.