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Tag: Kudirat Abiola

  • Kudirat Abiola’s son kicks as Appeal Court frees Al-Mustapha, Sofolahan …14 years after

    Kudirat Abiola’s son kicks as Appeal Court frees Al-Mustapha, Sofolahan …14 years after

    Major Hamza Al-Mustapha, former Chief Security Officer (CSO) to the late General Sanni Abacha, was discharged and acquitted yesterday over the June 1996 murder of Alhaja Kudirat Abiola by the Appeal Court sitting in Lagos

    Also freed with him was his co-accused, Alhaji Lateef Sofolahan.

    Both of them were released from Kirikiri Maximum Prisons immediately after the judgment and they were driven away in an SUV.

    Their discharge, a year and seven months after they were sentenced to death by a Lagos High Court, was predicated on what the Appeal Court called lack of circumstantial evidence linking the duo with anyone for conspiracy to kill the wife of the late Chief M.K.O.Abiola.

    Reactions to their freedom were mixed with Kudiratu’s son,Abdul,calling the judgment “a stab in my heart,” while the founder of the Oodua Peoples Congress (OPC),Dr.Fredrick Fasehun, and former Police Commissioner in Lagos,Alhaji Abubakar Tsav,described it as justice at long last.

    In reversing the High Court judgment,the Appeal Court, in a unanimous decision, dismissed the earlier verdict a dismay.

    Justice Rita Pemu, who read the lead judgment, held that there was no direct circumstantial evidence that Al-Mustapha conspired to murder Kudirat Abiola.

    The prosecution ,she said , failed to establish the charge of conspiracy and murder against the appellants, and described the 326-page judgment of the lower court as a dismay.

    Pemu held that it was foolhardy and unreasonable for the lower court to have so swiftly convicted the appellants when it was very evident that the prosecution had a bad case.

    She spoke of a huge shadow of doubt in the case of the prosecution which ought to be resolved in favour of the appellants, adding that the prosecution also failed to call witnesses to give evidence in the case based on investigation, but relied on evidence from contradictory and unsubstantiated statements of the star witnesses which were unreliable.

    Pemu said: “In a criminal trial, the burden of proof is beyond reasonable doubt and this is a chain that cannot be broken.

    “The prosecution listed four witnesses PW 9, 10, 11 and 12 as witnesses which it intended to call in the trial to give evidence based on investigation, but never called any of them.

    “PW1 (Dr Ore Falomo) testified before the lower court that the bullet extracted from the forehead of the deceased was white and of a special kind, but the prosecution failed to tender the bullet as exhibit and this was fatal to their case.

    “The prosecution also called PW4 (Investigating Police officer) who investigated the death of the deceased, but after 12 months of examination in chief, this witness disappeared into the thin air and was never produced for cross-examination by the defence, as he never showed up in court. This rendered the evidence of the police officer inconclusive as it denied the defendants their right to fair hearing, and no reasonable court can safely make a conviction on such inconclusive testimony.

    “PW2 (Sgt. Rogers) and PW3( Mohammedd Abdul), in their confessional statements to the police, said they were enjoined by the first appellant to murder Kudirat, but this statement was later retracted by them in court.

    “They told the court that they were cajoled by the prosecution to indict the appellants, with a promise to give them material compensation (money, houses). This is a contradiction in the testimonies of the witnesses.It raises doubt in the case of the prosecution, and it is unimaginable that the lower court did not expunge this evidence.

    “For an offence like murder, I wonder why the Nigerian police did not do a proper investigation.

    “Jabila, who was initially arrested as a co-accused, was later called prosecution witness, witnesses who ought to be called were never called, the bullet extracted was never tendered before the court.

    “The prosecution’s case has gapy loopholes; there are more questions than answers.

    “Once there is doubt in the case of the prosecution, as in the instant case, it must be resolved in favour of the accused, and this doubt is accordingly resolved in favour of the appellants.

    “One thing is clear, Kudirat was shot, but the big question is who pulled the trigger? Certainly not the appellants. This court is not interested in the politics of the matter nor in sentiment.

    “There was no need for the trail judge to consider the politics of any party, she should have observed that the evidence was wishy-washy. She allowed herself to be caught up in the web of the conflict while the police allowed itself to be caught up in the web of injustice.

    “It is my view that the lower court left the matter to chase shadows. I find nothing in this case which sufficiently links the appellants with the commission of the offence. It is preposterous that in a 326-page judgment, the lower court was only concerned with securing a conviction at all cost.

    “Just as God is no respecter of person, so also is this court. I hereby order that the appellants be discharged and acquitted, while the conviction and sentence of the lower court is hereby set aside. The appeal is hereby allowed.

    “It is unfortunate that he has been incarcerated since 1998 on a baseless indictment without evidence.

    Presidng Justice Amina Augie and Justice Fatima Akinbami concurred with the lead judgment .

    The duo’s detention and trial lasted over 14 years.

    Justice Mojisola Dada of the Lagos High Court had,on January 30 2012, found them guilty of conspiring to commit the offence.

    Al-Mustapha and Sofolahan approached the Appeal Court, contending that the death sentence handed down by the lower court was unwarranted, unreasonable and a manifest miscarriage of justice.

    Al-Mustapha’s relations and friends shouted “Al-Akbar” as the court delievered its verdict.

    Reacting to yesterday’s decision of the appeal court,son of the late Kudirat Abdul, said the judgement was like a stab in his heart.

    “I missed my mum as much as a little boy. This judgment is like a stab in my heart,” he told the News Agency of Nigeria (NAN).

    “As a grown-up, I am no longer bitter, but the problem is that this might continue to happen to other people.This is an injustice in our system and I pray that our leaders should do the right thing,” he said.

    Retired Anglican Bishop of Akure Diocese, the Right Reverend Bolanle Gbonigi, urged restraint and advised Nigerians to examine the judgment carefully before passing comments.

    His words: “I have to be careful about my comments. The judges must have examined the arguments of both parties and looked into documents presented by the parties before passing their judgment. Judgments should not be based on sentiments. Though if you consider the terrible roles he played, you would want to fault the judgment. But judges don’t base their verdicts on sentiments.”

    Founder of the OPC, Dr. Fredrick Faseun, said the judgment was in order and should be commended. Faseun, who had publicly campaigned for Al-Mustapha’s release, said the judgment is proof that “Nigeria is emerging from the forest of lies and falsehood. The attribute that has kept a Nigerian in captivity for 14 years without charges has been broken.”

    Speaking in the same vein, former coach of the Golden Eaglets, Fanny Amu, said the ruling had rekindled his confidence in the country.

    He said: “Hamza Al-Mustapha’s release has reconfirmed my confidence in Nigeria. I have never lost hope in law and justice in this country. With the judgment by the three wise women, I will rather call them the three wise men, it further confirms to all that law still exists in this country. It shows that we cannot just do anything and expect to go scot-free with it.”

    Al-Mustapha’s elder brother, Bashiru Hamzat, said: “We have long seen the lapses and still do not know why the lower court entered that judgment. My brother has been incarcerated for 15 years, a lot of injustice has been done to him and our family, but we thank God some of us are alive today to witness this day.

    “I just hope that the Nigerian nation will look into situations like this and remedy it to ensure it does not happen to another Nigerian.”

    The National Coordinator of the Oodua People’s Congress, Otunba Gani Adams, condemned the Appeal Court ruling, describing it as a setback for democracy and justice in the country.

    “ I fear that rulings like this one may go a long way in creating the wrong impression in the minds of the ruling class that they can get away with anything. We condemn the ruling in its entirety,” Otunba Adams said.

    Alhaji Tsav was happy at the judgment saying: “Justice has taken its course. The man has suffered enough. The ruling is the right judgment that you should expect. The man who pulled the trigger is not standing trial, so what do you want to prove by prosecuting the wrong man.”

    Mr. Yinka Odumakin, spokesman for the Save Nigeria Group (SNG), described the judgment as a big blow to criminal justice in Nigeria.

    “After Al-Mustapha was duly convicted by a lower court, it is so painful that he has been acquitted,” Odumakin said.

    The state Chairman of the Civil Liberties Organisation, Mr Ehi Omokhuale, also described the judgment as unfortunate, while the President of the Arewa Youth Consultative Forum, Alhaji Yerima Shettima, hailed it, saying it had renewed his hope and faith in Nigeria.

  • Appeal Court frees Al-Mustapha

    Appeal Court frees Al-Mustapha

    The Court of Appeal, sitting in Lagos, on Friday discharged and acquitted Major Hamza Al-Mustapha, who was sentenced to death over the conspiracy and murder of Alhaja Kudirat Abiola on June 4, 1996.

    The News Agency of Nigeria (NAN) reports that Justice Mojisola Dada of a Lagos High Court had on January 30, 2012, sentenced Al-Mustapha and Lateef Shofolahan to death by hanging over the murder.

    Al-Mustapha was the former Chief Security Officer to the late Gen. Sani Abacha, while Shofolahan was an aide to the late Kudirat.

    Justice Rita Pemu, who read the lead judgment, said that the prosecution totally failed to establish the charge of conspiracy and murder against the appellants, including Shofolahan.

    She said that it was foolhardy and unreasonable for the lower 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 huge shadows of doubt in the case of the prosecution, which ought to be resolved in favour of the appellants.

    “In a criminal trial, the burden of proof is beyond reasonable doubt and this is a chain that cannot be broken.

    “The prosecution listed four witnesses PW 9, 10, 11 and 12 as witnesses, which it intended to call in the trial, but never called any of them.

    “PW 1 (Dr. Ore Falomo) testified before the lower court that the bullet extracted from the forehead of the deceased, was white and of a special kind, but the prosecution failed to tender the bullet as an exhibit and this is fatal to their case.

    “The prosecution also called PW 4 (Investigating Police officer) who investigated the death of the deceased, but this witness was never produced for cross-examination by the defence, as he never showed up in court.

    “This renders the evidence of the police officer inconclusive as it denied the defendants their right to a fair hearing, and no reasonable court can safely make a conviction on such inconclusive testimony.

    “PW 2 (Sgt. Rogers) and PW 3(Mohammedd Abdul) in their confessional statements to the police said they were enjoined by the first appellant, to murder kudirat, but this statement was later retracted by them in court.

    “PW 2 and PW 3, in retracting their earlier statement to the police, told the court that they were cajoled by the prosecution to indict the appellant, with a promise to give them monetary compensation.

    “This is a contradiction in the testimonies of the witnesses, it raises doubt in the case of the prosecution, and it is unimaginable that the lower court did not expunge this evidence.

    “For an offence like murder, I wonder why the Nigerian police did not do a proper investigation.

    “Jabila, who was initially arrested as a co-defendant, was later called a prosecution witness; witnesses who ought to be called were never called, the bullet extracted was never tendered before the court.

    “Once there is doubt in the case of the prosecution, as in the instant case, it must be resolved in favour of the accused, and this doubt is accordingly resolved in favour of the appellants,’’ Pemu said.

    According to her, it is clear that Kudirat was shot, but the question is: who pulled the trigger?

     

  • Appeal Court reserves judgment on Al Mustapha’s appeal

    Appeal Court reserves judgment on Al Mustapha’s appeal

    The Court of Appeal, Lagos Division, on Monday reserved judgment in an appeal filed by Major Hamza Al-Mustapha and Lateef Shofolahan, challenging a death sentence handed them by Justice Mojisola Dada of a Lagos High Court, Ikeja.

    Al-Mustapha, former Chief Security Officer to late General Sanni Abacha, and Shofolahan former Personal Assistant to Alhaja Kudirat Abiola, were sentenced to death on January 30, 2012, for conspiracy and murder of the late Mrs. Abiola.

    Justice Amina Augie, who led the appeal panel, reserved judgment, after counsels to the appellants and respondent adopted their written briefs.

    Counsel to Al-mustapha, Joseph Daudu (SAN), while adopting his address, urged the court to allow the appeal and set aside the judgment of the lower court.

    He argued that the trial court erred in law to have based its judgment on the testimonies of prosecution witnesses (PW1 and PW2), which were contradictory.

    “The testimonies of PW1 and PW2 were inconclusive and contradictory. The court drew inferences from these contradictory statements, to establish the guilt of the appellant.

    “It is my submission that those inferences, upon which the court based its judgment, are merely political evidence formulated by the respondent, and which the trial court ought not to have considered.

    “I therefore urge the court to allow this appeal, and quash the judgment of the lower court” Daudu said.

    Lawyer to Shofolahan, Olalekan Ojo, also aligned with the submission of Daudu.

    In his response, counsel to the state government, Lawal Pedro (SAN), urged the court to dismiss the appeal and uphold the judgment of the lower court.

    Pedro argued that apart from the evidence of PW1 and PW2, there were other evidences from the defendants themselves, which supported the counts of conspiracy and murder.

    He said the statements of the defendants, which were tendered as exhibits, indicted them.

    Pedro urged the court to dismiss the appeal for lack of merit.

     

  • Al Mustapha: Appeal Court judge withdraws from panel

    Al Mustapha: Appeal Court judge withdraws from panel

    There was drama at the Court of Appeal, Lagos Division, as the presiding judge in separate appeals filed by Major Hamzat al-Mustapha and Alhaji Lateef Sofolahan, Justice Ibrahim Saulawa, withdrew from the panel.

    Saulawa’s withdrawal stalled the hearing of the appeals, which the appellants filed last year to challenge the death verdict passed on them by a Lagos High Court for involvement in the murder of Alhaja Kudirat Abiola, wife of the acclaimed winner of the June 12, 1993 presidential election, Chief M.K.O Abiola.

    Other judges in the suit, Justice joseph Ikeyegh and Justice Fatima Akinbami had earlier withdrew their involvement in the matter.

    The lead judge, who did not give details of his withdrawal, said he took the action based on personal reasons.

    Immediately the court registrar announced the case and the lawyers wanted to announce their appearances, justice Saulawa said: “I want to let the cat out of the bag.”

    He gave an analogy of a similar matter he handled in Calabar, Cross River State and how his life and those of his colleagues were threatened but they stood firm.

    He explained that after the judgment was delivered, several petitions were written against him and as such he would not want a similar situation.

    “My name was mentioned and I was an aggrieved party.”

    While Joseph Daudu, (SAN) was the lead counsel for al-Mustapha, Olalekan Ojo led the legal team for Sofolahan and Lagos State Solicitor General, Lawal Pedro (SAN), led the team for the respondent.

    Al-Mustapha in suit 469 against the state is praying the appellate court to set aside his conviction for the murder of Kudirat by the lower court.

    In his brief of argument, the former Chief Security Officer to late Gen. Sani Abacha said he was convicted for serving in “a hated administration”, describing other allegations of murder against the administration as “spurious conjectures.”

    In the 40-paragraph brief of argument, filed by Daudu, the judgment of the lower court was described as “needlessly long”, which according to the lawyer, showed “the trial judge was “at pains” to justify her decision to convict my client.”

    He said the judgment was based on “unreliable and discredited” testimonies of the star witnesses of the prosecution.

     

  • Lagos govt’s application stalls hearing of Al-Mustapha’s appeal

    Lagos govt’s application stalls hearing of Al-Mustapha’s appeal

    Lagos State Government’s application for extension of time on Monday stalled hearing in the appeal filed by Major Hamza Al-mustapha, Chief Security Officer (CSO) to late General Sani Abacha.

    Also involved in the appeal was Alhaji Lateef Shofolahan, an aide to late business mogul, Chief M.K.O Abiola.

    The duo were challenging the death sentence passed on them by Justice Mojisola Dada of a Lagos High Court, Ikeja, over their involvement in the murder of Alhaja Kudirat Abiola in June 1996.

    Counsel to the state government, Femi Adamson, informed the Court of Appeal presided over by Justice Chuma Nweze, that the application was to enable the state government file its respondent’s brief of argument.

    He, however, apologised for the late filing, noting that it was as a result of hitches beyond his control.

    Although counsel to Al-Mustapha, Joseph Daudu (SAN) and Shofolahan’s lawyer, Olalekan Ojo, did not object the application, they expressed their displeasure with the development.

    Commenting on the application, the court held that the attitude of the Lagos State government in its approach towards hearing of the appeal is not encouraging.

    “Gentlemen, as you can see, it is not the fault of the court not to hear the appeal.

    “Counsels should desist from the attitude of filing applications late in any case,” Justice Nweze emphasised.

    While granting the application, Nweze ordered the state counsel to serve Ojo the respondent’s brief of argument, having served Daudu and adjourned hearing of the appeal till May 30.

     

  • Court to hear Al-Mustapha’s appeal April 29

    Court to hear Al-Mustapha’s appeal April 29

    The Court of Appeal Lagos, on Friday fixed April 29 for hearing of the appeal filed by Major Hamza Al-Mustapha, who was sentenced to death last year for masterminding the murder of late Alhaja Kudirat Abiola.

    Al-Mustapha, who was the Chief Security Officer to the late Gen. Sanni Abacha and Lateef Shofolahan, a Personal Assistant to late Abiola, are challenging their conviction by a Lagos High Court on January 30 last year.

    The appellate court, presided over by Justice Chima Nweze, fixed the hearing date after counsel representing both convicts had applied for a regularisation of their briefs of argument.

    Counsel representing the appellants, Mr. Joseph Daudu (SAN) and Mr. Olalekan Ojo, had both applied for leave to file their brief of arguments and serve same on the respondent.

    The News Agency of Nigeria reports that the convicts were arraigned sometime in October 1999, on a four-count charge of conspiracy and murder of Abiola on June 4, 1996 on the Ikosi-Ketu Road.

    The trial judge, Justice Mojisola Dada had found both appellants guilty of the offence and sentenced them to death by hanging.

    However, Daudu and Ojo, counsel to both the first and second appellants respectively, appealed against the conviction 24-hours after the sentence.

    In the notice of appeal filed by Ojo, the appellants were contending that the death sentence handed by the lower court was unwarranted, unreasonable and a manifest miscarriage of justice.

    The appellants further contended that the trial judge erred in law by arriving at the conclusion that they conspired to kill the late Kudirat on June 4, 1996.

    The appellants are therefore praying the Court of Appeal to entertain the appeal, set aside the judgment and discharge them of the charges of conspiracy and murder.

    NAN further reports that Al-Mustapha’s appeal was premised on four grounds, while that of his co-convict (Shofolahan) was hinged on five grounds.

    They faulted the trial judge’s admissibility of the “contradictory statements” of Barnabas Jabila (aka Sgt. Rogers) and Mohmamed Abdul, and the reliance on the testimony of Dr. Ore Falomo on the bullet extracted from the corpse.

    The appellants also faulted the rejection of portions of Jabila’s testimony which they felt favoured them and applying only areas which did not favour them.