Tag: Lateef Shofolahan

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?

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.