Major Hamza Al-Mustapha, former Chief Security Officer
(CSO) to late Head of State, General Sani Abacha, told the Court of Appeal in
Lagos on Monday that the death sentence passed on him over the murder of Alhaja
Kudirat Abiola was politically motivated, as there was no evidence which
directly linked him to the commission of the crime.
(CSO) to late Head of State, General Sani Abacha, told the Court of Appeal in
Lagos on Monday that the death sentence passed on him over the murder of Alhaja
Kudirat Abiola was politically motivated, as there was no evidence which
directly linked him to the commission of the crime.
Al-Mustapha
was sentenced to death by hanging by Justice Mojisola Dada of the Lagos High
Court sitting in Igbosere on January 30, 2012 for masterminding the killing of
Kudirat, wife of the winner of June 12, 1993 Presidential election, late
Moshood Abiola.
was sentenced to death by hanging by Justice Mojisola Dada of the Lagos High
Court sitting in Igbosere on January 30, 2012 for masterminding the killing of
Kudirat, wife of the winner of June 12, 1993 Presidential election, late
Moshood Abiola.
The
former CSO, who is still a serving major in the Nigerian Army, was sentenced to
death by hanging alongside Lateef Shofolahan, a former Personal Assistant to
the late Kudirat.
former CSO, who is still a serving major in the Nigerian Army, was sentenced to
death by hanging alongside Lateef Shofolahan, a former Personal Assistant to
the late Kudirat.
But Al-Mustapha,
who spoke in court through his lawyer, Joseph Daudu (SAN), argued that the
lower court erred in law in basing its judgment on the testimonies of the
first and second prosecution witnesses, as the testimonies were inconclusive
and contradictory.
who spoke in court through his lawyer, Joseph Daudu (SAN), argued that the
lower court erred in law in basing its judgment on the testimonies of the
first and second prosecution witnesses, as the testimonies were inconclusive
and contradictory.
“The
testimonies of PW1 and 2 were inconclusive and contradictory.
testimonies of PW1 and 2 were inconclusive and contradictory.
“The
court drew inferences from these contradictory statements, to establish the
guilty of the appellants (Al-Mustapha and Shofolahan).
court drew inferences from these contradictory statements, to establish the
guilty of the appellants (Al-Mustapha and Shofolahan).
“It is
my submission that those inferences, upon which the court based its judgment,
are merely political evidence formulated by the respondent (Lagos
State Government), and which the trial court ought not to have considered.
my submission that those inferences, upon which the court based its judgment,
are merely political evidence formulated by the respondent (Lagos
State Government), 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 submitted.
therefore urge the court to allow this appeal, and quash the judgment of the
lower court,” Daudu submitted.
Counsel
to Shofolahan, Olalekan Ojo, also aligned with the submission of Daudu.
to Shofolahan, Olalekan Ojo, also aligned with the submission of Daudu.
But
counsel to Lagos State, Lawal Pedro (SAN), urged the court to dismiss the
appeal and uphold the judgment of the lower court.
counsel to Lagos State, Lawal Pedro (SAN), urged the court to dismiss the
appeal and uphold the judgment of the lower court.
Pedro,
who is the Solicitor General of the state, argued that apart from the evidences
of PW1 and 2, there were other evidences from the defendants themselves, which
support the counts of conspiracy and murder.
who is the Solicitor General of the state, argued that apart from the evidences
of PW1 and 2, there were other evidences from the defendants themselves, which
support the counts of conspiracy and murder.
He,
therefore, urged the court to dismiss the appeal for lack of merit.
therefore, urged the court to dismiss the appeal for lack of merit.
After
entertaining arguments from the lawyers, presiding judge, Justice Amina Augie,
reserved judgment, and disclosed that a date will be communicated to parties.
entertaining arguments from the lawyers, presiding judge, Justice Amina Augie,
reserved judgment, and disclosed that a date will be communicated to parties.
The
convicts were arraigned in October 1999 on a four-count charge bordering on
conspiracy and their involvement in the 1996 murder of the deceased along the
Lagos-Ibadan Expressway.
convicts were arraigned in October 1999 on a four-count charge bordering on
conspiracy and their involvement in the 1996 murder of the deceased along the
Lagos-Ibadan Expressway.
Justice
Dada had found them guilty of the offence, and accordingly convicted and
sentenced them to death by hanging.
Dada had found them guilty of the offence, and accordingly convicted and
sentenced them to death by hanging.
Dissatisfied,
the appellants appealed the verdict, and contended in their notice of appeal
that the death sentence handed by the lower court was unwarranted, unreasonable
and a manifest miscarriage of justice.
the appellants appealed the verdict, and contended in their notice of appeal
that the death sentence handed by the lower court was unwarranted, unreasonable
and a manifest miscarriage of justice.
They
argued that the trial judge erred in law by arriving at the conclusion that
they conspired to kill Kudirat on June 4, 1996.
argued that the trial judge erred in law by arriving at the conclusion that
they conspired to kill Kudirat on June 4, 1996.
The
appellants further faulted the judge’s treatment of the contradictory
statements of Barnabas Jabila (aka Sgt. Rogers) and Mohmamed Abdul.
appellants further faulted the judge’s treatment of the contradictory
statements of Barnabas Jabila (aka Sgt. Rogers) and Mohmamed Abdul.
They
also faulted the court’s reliance on the testimony of Dr. Ore Falomo on the
bullet extracted from late Kudirat.
also faulted the court’s reliance on the testimony of Dr. Ore Falomo on the
bullet extracted from late Kudirat.
Source: Daily Independent
