BY LEVINUS NWABUGHIOGU
ABUJA - In what may be described as an unusual stance on issues, Leader of the Niger- Delta Peoples Volunteer Force, NDPVF, Alhaji Mujahideen Asari-Dokubo, has appealed to Major Hamzat Al-Mustapha, former Chief Security Officer, CSO, to former Head of State, late General Sanni Abacha to forgive his accusers and all those who wanted him dead.
Asari spoke on Sunday when the former CS0 paid him a special visit to his Abuja residence .
Asari who was also former National President of Ijaw Youth Council, IYM, said that he was convinced that Al-Mustapha never killed late Mrs. Kudirat Abiola, a matter that necessitated Al-Mustapha's arrest and subsequent incarceration in the last 15 years.
He said: "For me as a person, I was very convinced that you were not part of what happened because I was very close to Kudirat and I was very close to the Lagos group that was responsible for the judicial manipulation that was going on. And I wrote those things and people said we were paid to write to write. People believe that anybody who says the truth or has a contrary opinion has been paid to do it."
The Niger-Delta who expressed appreciation to God for sparing the life of Al-Mustapha in prison however urged him to forgive his enemies.
He said that what was important was that truth had finally prevailed.
"We just thank God that this is not a period for politics and making political statements but what is important is that truth has prevailed and the hypocrisy of those who wanted to sacrifice an innocent man to satisfy their perceived interest.
"As a brother, I will tell you to forgive all the people who have offended you over these years they have kept you there. Many be even if you were around, you would have died. In one way or another, they would have killed you if you have not been away but Allah who kept you alive this period of difficulty when it was quite easy to kill you didn't put it in their mind.
"For me, forgive them. It is when you forgive that you gain more benefits from Allah.
Responding, Al-Mustapha recalled his days of darkness, stressing that he was not found guilty of murdering late Mrs. Abiola.
"You know there were 10 panels I faced in five years. None of these panels found me guilty of anything. My offence was just one: mrs Abiola's murder. All in all, I stayed for 5 years, 2 months in solitary detention."
The former CS0 who said he chose not to assume power during the death of General Abacha regretted that some people cashed in on his humility and loyalty to the service of the country to punish him unjustly.
He stated that God used him to stabilize the country which was thrown into turmoil at the death of former Head of State.
"Ours is to serve, preserve the country and I did. If I had wanted, after the death of General Sanni Abacha, this country was to witness another thing. But in our character, ours is to serve the country and I did. No body fires one bullet the day General Abacha died. God gave me the courage. But there we're so many confusion, so many agitation at that time.
"But God used me to stabilize a course and it is the course that gave birth to this democracy. So, if I had not done so that time, we would have changed the course of history. Bur because we kept quiet, we were humble and committed to the country, people now turned it around."
It will be recalled that an Appeal Court in Lagos recently discharged and acquitted Major Al-Mustapha after 15 years of detention.
Showing posts with label Al-Mustapha. Show all posts
Showing posts with label Al-Mustapha. Show all posts
Monday, 29 July 2013
Friday, 19 July 2013
Al-Mustapha's acquittal: It's an act of God - Clerics
Florence Aamagiya & Olayinka Ajayi
The groundswell of comments trailing the discharge and acquittal of Al-Mustapha and Lateef Shofolahan does not seem to be letting up, as Director of Social Communications, Catholic Arch diocese of Lagos, Very Rev. Msgr. Gabriel Osu, has described the verdict as ‘an act of God.
According to the Cleric, God has, through the court verdict, given both men another opportunity to rededicate their lives to the service of their creator and fellow men.
“I am not a lawyer, but I presume the judges must have good reasons for setting the men free. But if you've followed the court proceedings over the past 15 years, you will surely know that God’s favour was at work. Most people gave up on the two men; they were seen as the living dead because their case was already decided by man. My advice to the two men is to go and sin no more. They should see their acquittal as an opportunity to move closer to God more than ever before."
[caption id="attachment_404876" align="alignnone" width="412"]
Al-Mustapha[/caption]
Taking a swipe at last year’s High Court ruling which had sentenced the duo to death for complicity in the murder of Alhaja Kudirat Abiola; Msgr Osu expressed delight that the court’s judgment was not enforced accordingly. “We have always been against capital punishment in any form. I thank God that the two men are still alive. I am not taking sides, neither am I justifying whatever they might have done in the past. All I am saying is that, like the Catholic Church has always advocated, capital punishment is not the best way out of criminality. We believe in giving men another chance to atone for their past deeds, just as God is always calling us all to reconcile with him. If He should judge us according to our deeds, no one would be justified,” he said.
God has forgiven him- Bishop Olawuyi, Diocese of Lagos, Methodist church
The judgement should be considered an act of God because nothing can happen except God allows it to; nothing can take place except God wants it to take place. Perhaps the man involved has prayed for forgiveness and God has forgiven him. Who is man to judge when God has forgiven him?
They were not destined to die that way -Imam, Yusuf Abdul Bari Afini, Chairman, Council of Imams
Allah has everyone’s calendar in his hands; there is time for everyone to die no matter the circumstance, and if someone is not killed when he ought to have been killed, then that is the will of Allah. The Judge of a case doesn’t have the final say in deciding a man’s fate to live or to die; even when the case is decided to the man’s detriment.
The terminal period of everyone in this world has been written by Allah. So if it is the will of Allah for someone to die in an automobile accident, then he will die in it. Allah has planned it in such a way that nobody dies before his time. The case of Al- Mustapha’s discharge and acquittal must have been the handiwork of God. I am saying this because if he was predestined to die that way, then no judge, president or lawyer can change it. Perhaps he was destined to go through that process of stress, trials and near-death experience but he wasn’t destined to die that way.
Nobody has yet been convicted of political murder in Nigera — Prof Sagay
Meanwhile, some are of the opinion that Al-Mustapha should not have been acquitted by the upper court.
[caption id="attachment_104837" align="alignright" width="179"]
Itse Sagay[/caption]
Prof. Itsejuwa Sagay (SAN) is of the opinion that impunity has been normal for political killings in the country.
“It has become a culture in this country whereby political murderers get away untouched. We have lots and it is a very sad story for this country,” he commented.
He believes the problem with political killers getting away is, however, not a constitutional issue.
“The problem is the will to prosecute and also the will of the witness to be honest and agree to tell the truth,” he said, adding that an appeal can still be made if the Lagos State government is dissatisfied with the judgment. “The Lagos State government is entitled to appeal as far as the judgment is not satisfactory to her after reviewing it. As far as I am concerned, nobody has been convicted of political murder in this country and those in power are comfortable with it, “Sagay quipped.
A sensitive judgment— Agbakoba
However, Dr. Olisa Agbakoba (SAN) said it would be unfair to comment on the issue since he is yet to read the judgment.
[caption id="attachment_231867" align="alignnone" width="412"]
*Agbakoba[/caption]
“The only way I can make a meaningful contribution is to study the judgment thoroughly because I have read the decision of the High Court and I would also like to read the decision of the Court of Appeal. I understand the political sentiments surrounding it, but I want to be careful in making comments on sensitive judgements as this,” he stated.
No Comment - Keyamo
Human rights activist and political commentator, Festus Keyamo, when contacted on phone by Saturday Vanguard, also declined comment. He however said his opinion would be made known in due time. “I have no comment for now but I will address the press in due time,” he said.
The groundswell of comments trailing the discharge and acquittal of Al-Mustapha and Lateef Shofolahan does not seem to be letting up, as Director of Social Communications, Catholic Arch diocese of Lagos, Very Rev. Msgr. Gabriel Osu, has described the verdict as ‘an act of God.
According to the Cleric, God has, through the court verdict, given both men another opportunity to rededicate their lives to the service of their creator and fellow men.
“I am not a lawyer, but I presume the judges must have good reasons for setting the men free. But if you've followed the court proceedings over the past 15 years, you will surely know that God’s favour was at work. Most people gave up on the two men; they were seen as the living dead because their case was already decided by man. My advice to the two men is to go and sin no more. They should see their acquittal as an opportunity to move closer to God more than ever before."
[caption id="attachment_404876" align="alignnone" width="412"]
Al-Mustapha[/caption]Taking a swipe at last year’s High Court ruling which had sentenced the duo to death for complicity in the murder of Alhaja Kudirat Abiola; Msgr Osu expressed delight that the court’s judgment was not enforced accordingly. “We have always been against capital punishment in any form. I thank God that the two men are still alive. I am not taking sides, neither am I justifying whatever they might have done in the past. All I am saying is that, like the Catholic Church has always advocated, capital punishment is not the best way out of criminality. We believe in giving men another chance to atone for their past deeds, just as God is always calling us all to reconcile with him. If He should judge us according to our deeds, no one would be justified,” he said.
God has forgiven him- Bishop Olawuyi, Diocese of Lagos, Methodist church
The judgement should be considered an act of God because nothing can happen except God allows it to; nothing can take place except God wants it to take place. Perhaps the man involved has prayed for forgiveness and God has forgiven him. Who is man to judge when God has forgiven him?
They were not destined to die that way -Imam, Yusuf Abdul Bari Afini, Chairman, Council of Imams
Allah has everyone’s calendar in his hands; there is time for everyone to die no matter the circumstance, and if someone is not killed when he ought to have been killed, then that is the will of Allah. The Judge of a case doesn’t have the final say in deciding a man’s fate to live or to die; even when the case is decided to the man’s detriment.
The terminal period of everyone in this world has been written by Allah. So if it is the will of Allah for someone to die in an automobile accident, then he will die in it. Allah has planned it in such a way that nobody dies before his time. The case of Al- Mustapha’s discharge and acquittal must have been the handiwork of God. I am saying this because if he was predestined to die that way, then no judge, president or lawyer can change it. Perhaps he was destined to go through that process of stress, trials and near-death experience but he wasn’t destined to die that way.
Nobody has yet been convicted of political murder in Nigera — Prof Sagay
Meanwhile, some are of the opinion that Al-Mustapha should not have been acquitted by the upper court.
[caption id="attachment_104837" align="alignright" width="179"]
Itse Sagay[/caption]Prof. Itsejuwa Sagay (SAN) is of the opinion that impunity has been normal for political killings in the country.
“It has become a culture in this country whereby political murderers get away untouched. We have lots and it is a very sad story for this country,” he commented.
He believes the problem with political killers getting away is, however, not a constitutional issue.
“The problem is the will to prosecute and also the will of the witness to be honest and agree to tell the truth,” he said, adding that an appeal can still be made if the Lagos State government is dissatisfied with the judgment. “The Lagos State government is entitled to appeal as far as the judgment is not satisfactory to her after reviewing it. As far as I am concerned, nobody has been convicted of political murder in this country and those in power are comfortable with it, “Sagay quipped.
A sensitive judgment— Agbakoba
However, Dr. Olisa Agbakoba (SAN) said it would be unfair to comment on the issue since he is yet to read the judgment.
[caption id="attachment_231867" align="alignnone" width="412"]
*Agbakoba[/caption]“The only way I can make a meaningful contribution is to study the judgment thoroughly because I have read the decision of the High Court and I would also like to read the decision of the Court of Appeal. I understand the political sentiments surrounding it, but I want to be careful in making comments on sensitive judgements as this,” he stated.
No Comment - Keyamo
Human rights activist and political commentator, Festus Keyamo, when contacted on phone by Saturday Vanguard, also declined comment. He however said his opinion would be made known in due time. “I have no comment for now but I will address the press in due time,” he said.
Al-Mustapha, Shofolahan acquittal: Proof beyond reasonable doubt ...
Al-Mustapha, Shofolahan acquittal: Proof beyond reasonable doubt is standard requirement in criminal case, says lawyer
By Emmanuel Edukugho
WHEN the Court of Appeal overturned the death sentence passed on Major Hamza Al-Mustapha and Alhaji Lateef Shofolahan, setting two of them free, the nation was gripped by shock and disbelief.
Mixed reactions from a cross section of Nigerians spanning all walks of life poured in. Even the Clergy, Christian and Islamic; civil society groups and the political class were not left out.
Freedom came to Al-Mustapha after almost 15 years of being incarcerated when many people had lost hope, believing that sooner or later, he and Lateef Shofolahan would be facing the hangman .
[caption id="attachment_404808" align="alignleft" width="250"]
Aminah ...I am surprised and bewildered at the judgement[/caption]
The duo were condemned to death by hanging on January 30, 2012 by Justice Mojisola Dada of the Lagos High Court in Igbosere for killing of Kudirat Abiola on June 4, 1996.
But dramatically, the whole scenario changed when the all-female Justices of the Appeal Court, Lagos Division, who heard the appeal, discharged and acquitted them of murder over the killing of Alhaja Kudirat Abiola whose husband, Chief MKO Abiola was presumed to have won the June 12, 1993 presidential election, but annulled by the military.
Nigerians seemed split over the Appeal Court judgement some saying justice has been done, while others believe justice was miscarried.
However, the final arbiter is the Supreme Court, if ever the Lagos State Government would appeal the judgement. But for now, they’ve regained their freedom.
Mixed reactions have continued to trail the Appeal Court verdict setting free the two men who have since returned to their homes.
Saturday Vanguard sought the opinion of an enterprising lawyer, Barrister Mercy O. Aminah on the verdict.
Excerpts of the interview:
What do you feel about the judgement?
Before I comment, I want to say, I have not read the full details of the judgement and to study it. But suffice to say, I am just offering ordinary opinion as a Nigerian on the street. I want to say that I am amazed at the whole proceedings beginning from the High Court even to the Appeal Court. I am surprised and bewildered at the judgement. After 14 years in prison for a murder charge that took a long time of investigation and several witnesses called to testify for the state and the defence, the prosecution cannot get it right. When will our justice system be seen to be right and fair! It is amazing.
Should the prosecuting authority be blamed for doing a shoddy job at the beginning which eventually led to the discharge and acquittal of al-Mustapha?
I don’t want to say that the prosecution did not do its work properly. However, when somebody has been charged for committing a crime, but you bring so many persons along over the matter, it could cause some confusion in the process of prosecution. It may be difficult at the end for justice to prevail.
Undoubtedly, there is rot in the entire system – executive, legislative and judiciary, in fact all three tiers of government. The whole thing is nauseating. I mean the entire system is rubbish. Something must be done to clean up the system for we cannot continue this way. Some people have called for a revolution. I am scared about the future of Nigeria.
In this al-Mustapha case, from the very beginning, the prosecution did not get it right. Hence it has ended in this way.
Do you see justice done or ou see injustice either in this case?
Justice or no justice, 14 years after he was incarcerated, we are seeing the wheel of justice still rolling. Was the case against him cooked up? Did he confess to killing Kudirat Abiola? Were confessions made under duress? Did he do it? These and other questions have to be considered and weighed before judgement was to be passed.
The Honourable Justices of the Appeal Court must have carefully looked at the whole matter and gave their verdict based on merit.
This is a criminal matter. And there is a standard in this espect – a criminal charge ust be proved beyond reasonable doubt, unlike a civil case which depends absolutely on evidence. If it’s civil case, you will begin to pile up evidence until they tilt in your favour. You need not prove your case beyond reasonable doubt – in civil proceedings. But not so in criminal cases. There is a standard, and the standard is that you must prove the guilt of the accused beyond reasonable doubt. There must not be room for doubt. Once there is doubt whatsoever, it is usually resolved in favour of the accused person.
From what I read of the judgement in newspapers, there were contradictions in the evidence of the witnesses which the lower court had ignored before passing the death sentence on the accused. Based on the proceedings of the High Court, the Appeal Court judges believed there was no evidence to convict the accused.
So this brings us to the issue of prima facie which was not sufficiently established against the accused in the first place during proceedings, at the lower court. So the prosecution could not prove its case beyond reasonable doubt. In such situation, the Appeal Court had no option but to acquit and discharge the convicts.
The George Zimmerman acquittal by a jury in the US over the killing of a black youth, Trayvon Martin was because the prosecution was unable to prove its case beyond reasonable doubt. There were contradictory evidence and so the jury ruled in favour of Zimmerman who could have been convicted of second-degree murder or manslaughter. But he was cleared which caused outrage in the US leading to massive protests and demonstrations across major cities in America. Many people, especially Black Americans felt there was no justice in this case. But taking an incisive look into the Zimmerman verdict, the prosecution could not prove its case of murder beyond reasonable doubt as the accused said he shot Trayvon in self defence when found in the neighbourhood in suspicious and questionable circumstances.
By Emmanuel Edukugho
WHEN the Court of Appeal overturned the death sentence passed on Major Hamza Al-Mustapha and Alhaji Lateef Shofolahan, setting two of them free, the nation was gripped by shock and disbelief.
Mixed reactions from a cross section of Nigerians spanning all walks of life poured in. Even the Clergy, Christian and Islamic; civil society groups and the political class were not left out.
Freedom came to Al-Mustapha after almost 15 years of being incarcerated when many people had lost hope, believing that sooner or later, he and Lateef Shofolahan would be facing the hangman .
[caption id="attachment_404808" align="alignleft" width="250"]
Aminah ...I am surprised and bewildered at the judgement[/caption]The duo were condemned to death by hanging on January 30, 2012 by Justice Mojisola Dada of the Lagos High Court in Igbosere for killing of Kudirat Abiola on June 4, 1996.
But dramatically, the whole scenario changed when the all-female Justices of the Appeal Court, Lagos Division, who heard the appeal, discharged and acquitted them of murder over the killing of Alhaja Kudirat Abiola whose husband, Chief MKO Abiola was presumed to have won the June 12, 1993 presidential election, but annulled by the military.
Nigerians seemed split over the Appeal Court judgement some saying justice has been done, while others believe justice was miscarried.
However, the final arbiter is the Supreme Court, if ever the Lagos State Government would appeal the judgement. But for now, they’ve regained their freedom.
Mixed reactions have continued to trail the Appeal Court verdict setting free the two men who have since returned to their homes.
Saturday Vanguard sought the opinion of an enterprising lawyer, Barrister Mercy O. Aminah on the verdict.
Excerpts of the interview:
What do you feel about the judgement?
Before I comment, I want to say, I have not read the full details of the judgement and to study it. But suffice to say, I am just offering ordinary opinion as a Nigerian on the street. I want to say that I am amazed at the whole proceedings beginning from the High Court even to the Appeal Court. I am surprised and bewildered at the judgement. After 14 years in prison for a murder charge that took a long time of investigation and several witnesses called to testify for the state and the defence, the prosecution cannot get it right. When will our justice system be seen to be right and fair! It is amazing.
Should the prosecuting authority be blamed for doing a shoddy job at the beginning which eventually led to the discharge and acquittal of al-Mustapha?
I don’t want to say that the prosecution did not do its work properly. However, when somebody has been charged for committing a crime, but you bring so many persons along over the matter, it could cause some confusion in the process of prosecution. It may be difficult at the end for justice to prevail.
Undoubtedly, there is rot in the entire system – executive, legislative and judiciary, in fact all three tiers of government. The whole thing is nauseating. I mean the entire system is rubbish. Something must be done to clean up the system for we cannot continue this way. Some people have called for a revolution. I am scared about the future of Nigeria.
In this al-Mustapha case, from the very beginning, the prosecution did not get it right. Hence it has ended in this way.
Do you see justice done or ou see injustice either in this case?
Justice or no justice, 14 years after he was incarcerated, we are seeing the wheel of justice still rolling. Was the case against him cooked up? Did he confess to killing Kudirat Abiola? Were confessions made under duress? Did he do it? These and other questions have to be considered and weighed before judgement was to be passed.
The Honourable Justices of the Appeal Court must have carefully looked at the whole matter and gave their verdict based on merit.
This is a criminal matter. And there is a standard in this espect – a criminal charge ust be proved beyond reasonable doubt, unlike a civil case which depends absolutely on evidence. If it’s civil case, you will begin to pile up evidence until they tilt in your favour. You need not prove your case beyond reasonable doubt – in civil proceedings. But not so in criminal cases. There is a standard, and the standard is that you must prove the guilt of the accused beyond reasonable doubt. There must not be room for doubt. Once there is doubt whatsoever, it is usually resolved in favour of the accused person.
From what I read of the judgement in newspapers, there were contradictions in the evidence of the witnesses which the lower court had ignored before passing the death sentence on the accused. Based on the proceedings of the High Court, the Appeal Court judges believed there was no evidence to convict the accused.
So this brings us to the issue of prima facie which was not sufficiently established against the accused in the first place during proceedings, at the lower court. So the prosecution could not prove its case beyond reasonable doubt. In such situation, the Appeal Court had no option but to acquit and discharge the convicts.
The George Zimmerman acquittal by a jury in the US over the killing of a black youth, Trayvon Martin was because the prosecution was unable to prove its case beyond reasonable doubt. There were contradictory evidence and so the jury ruled in favour of Zimmerman who could have been convicted of second-degree murder or manslaughter. But he was cleared which caused outrage in the US leading to massive protests and demonstrations across major cities in America. Many people, especially Black Americans felt there was no justice in this case. But taking an incisive look into the Zimmerman verdict, the prosecution could not prove its case of murder beyond reasonable doubt as the accused said he shot Trayvon in self defence when found in the neighbourhood in suspicious and questionable circumstances.
Wednesday, 17 July 2013
Why Appeal Court freed Al-Mustapha & Co (2)
The judgment continues with the story of how the Strike Force was formed and what its duties were.
HE knows PW2, Barnabas Jabila a.k.a. Sergeant Rogers. PW2 was serving in Jaji infanty centre and school, worked with the former head of state, Brigadier General Abdulsalam Abubakar closely, and this informed his nomination, that brought him to be a member of strike force into the Presidency.
PW2 was Brigadier General Abdulsalam Abubakar’s personal confidential person outside routine military duty, that is to say regarding his personal life, he was into issues that had to do with the spiritual state of Brigadier General Abdulsalam Abubakar.
That when PW2 testified that the Appellant called him on radio and that Rabo Lawal led him to his office where he gave him instructions to kill the deceased, (a statement which he later retracted), this cannot be true because Rabo Lawal was at the material time in Libya as he was nominated for a course, cleared by the presidency office’s National Security Adviser, signed and endorsed by the Police Office of the Inspector General of Police.
It was not possible that Rabo Lawal was in Libya and at the Villa at the same time. Again, the walkie-talkie used by the police and that used by the strike force are different. A general radio call cannot fetch everybody. Again if Rabo Lawal were to be in Nigeria, he would have been commanding his own wing.
He was a commander of presidential escort mobile police and if there is anybody to bring him to him, it could have been for those in the headquarters or could have been any of the following that were there with him namely his two IC- it could be the administrative officer, security liasing officer or the duty officer of the day. Any of these people could have brought PW2 to him and not Rabo Lawal who was then in Libya.
[caption id="attachment_404393" align="alignnone" width="412"]
Major Hamza Al-Mustapha being received by a large crowd in Kano[/caption]
That PW2 could not have been called that very day the deceased was shot in the morning, and that same day liaise with Lateef Shofolahan, and that same morning do surveillance and that same morning they shot her, as stated in PW2’s statement. This could not have been possible from Libya to Lagos and all these actions in the morning.
The Appellant testifies that it is not possible for him to have given PW2 a rifle or any other weapon for that matter to kill the deceased with, and this is because everyone of them is issued his own rifle, in his name; make number, brought number and under the care and supervision and routine counting. It is called arms condition return. Every month, the state of arms in the presidency is accounted for. He testified that where one is missing, the President must note it and search at the routines. Where a bullet is missing, the entire department must account for an Army, Navy or Air Force through brigade of guards) and the supervising entire department until it is found.
That he could not have handed over his rifle to a relatively new person that came to the department in 1995. That he could not have given PW2 arms without a note handing and taking over and it is not possible to take arms from Abuja to Lagos without documenting it in a pass.
He denied telling PW2 that the deceased must be eliminated. Neither did he make a statement like “There are enemies of the country, they must be eliminated.” That this statement is not even contained in PW2’s statement.
That after the murder of General Abacha, when he went through handling and taking over processes with General Abdulsalam Abubakar, he was told by General Abdulsalam Abubakar to assist him in preparing the presidency for his occupation. Before then, he was staying in the Barrack next to brigade of Guards. It was in the cause of doing this that he was separated from late Chief M.K.O. Abiola, leading into numerous activity that led to his murder at Aguda house.
That the tape at the scene of where he was murdered is still a major issue between General Abdulsalam Abubakar and himself. This informed the fact that as soon as he was arrested on the 21st of October 1998, the first thing they did was to ransack and pack all he had and that is why he urged his counsel to beg Court to force them to bring the items they took away from him in order to help him present his case in Court.
That a day after the murder of Late Chief M.K.O. Abiola, something happened between Abuja and South West leader, between the seat of Government, Presidency and Central Bank which he has documentary evidence and tape. Money was given in large sum in his presence. He recorded what happened. A day after the murder of Chief M.K.O. Abiola, which was extremely hot day, the sum of Two hundred million dollars ($200,000,000) was withdrawn in cash, seventy-five million pounds (£75,000,000) and five hundred million naira (N500,000,000). That is how the matter was initially doused and that was the first withdrawal from Central Bank and pictures were printed to South West particularly against him.
That was why, after the incident, Genera Abdulsalam Abubakar and himself sat at the same Aguda house where later Chief M.K.O. Abiola was murdered. General Abdulsalam Abubakar posted him to Enugu and while he was rounding up the handing over with him, he declared him absent with leave from Enugu having sent him to Pakistan.
He testified that he had known late Chief M.K.O. Abiola as far back as when he was in the army headquarters in 1985. They were verv close in the sense that Chief M.K.O. Abiola used to call him whenever he has any engagement with any of the services army, navy, air force or ministry of defence, to facilitate his coming in and out of the place. Even after the annulment of June 12 election, when he used to consult General Abacha as a personal friend in trying to claim the mandate while Chief Ernest Shonekan was President, and General Abacha was Minister of Defence} he was the one assisting him to come in.
Personal confidence
A particular incident was when there was a national emergency meeting, Chief M.K.O. Abiola came in the evening and said it was too far for him to go. He came in a very long wheel Mercedez Limousine and obliged to stay with him. The meal he ate that day came from his kitchen - which was Amala. He stayed with him till 4a.m on personal confidence. That late Chief M.K.O. Abiola referred to him as a son, before Rev. Jesse Jackson and one time Ambassador to Nigeria Walter Carrington when he took them to see him, where he was under police custody at Zone 7, Abuja .
At a time when Chief M.K.O. Abiola’s feeding was poor, he took it upon himself, because of his previous relationship with him to be paying for his feeding from the resources of security department until his death. The Commissioner of Police then in Abuja, through the catering officer of police, who used to prepare his dishes are still alive. That the police officer who guarded late Chief M.K.O. Abiola can testify to this, as well as one Mr. Zando, a police officer who stayed with him till his death.
[caption id="attachment_398685" align="alignnone" width="412"]
Late Chief MKO Abiola[/caption]
One of Late Chief M.K.O. Abiola’s numerous visitors when he was incarcerated was Dr. Ore Falomo, PWl his personal physician who also is his own personal Doctor at Maryland Hospital.
Late Chief M.K.O. Abiola was to have been killed the day General Abacha was killed, but,it was he who took him away to another location in the Barracks. He kept one Ikilamar, the commander of PW2 with the entire strike force in concealing him from those who wanted him shot. He is an enemy to those people till date. These people till date have been spending dollars sustaining this case, and spending money on the media. He also assisted the deceased, Kola Abiola, the lawyers and PWl to visit Late Chief M.K.O. Abiola.
He had made twenty eight statements and he was able to use his handcuff to count them on the wall by scratching the wall. He was confronted at the SIP meeting with PW2 and PW3 at SSS headquarters in the night, where they are being taught on how to face him. They call it "hardship boldness”. They were brought and confronted him by saying what they were told to face him with. They were well dressed in suits while he was on a singlet which he wore throughout the year. After they left, he was forced to make a statement without a date.
He was returned to force headquarters where he was initially kept. He met the two together at a sitting. He was also made to face Rabo Lawal, first as a witness and then as a co-accused. At the first headquarters SIP meeting, second floor, he was made to face Lateef Shofolahan whom he met laying on his back on the floor, groaning, with blood flowing out of his hands. He was later brought before the SIP to confront him and after the confrontation session, he was brought by one Mr. Ogeonum who gave him papers to copy as his statement.
He met Lateef Shofolahan for the 1st time in 1998 when two million man match was being prepared for in March. The two million man match was an occasion whereby youth had a rally in Abuja and youths from all over Nigeria gathered state by state in 1998.
Exhibit A2, statement of PW2 of the 29th of September 1999 was never shown to him at the SIP. He never sent N50, 000.00 through one Sukwanga Bello from Abuja to PW2 and others in Lagos. Moreso the said Sukwanga was working with the DG, SSS Lt. Colonel Kayode Are. Bello Sukwanga was a friend to PW2 Lieutenant Colonel Kayode Are was DG SSS from 1999-2007.
He denied that any arms were returned to him after the assignment through his orderly, because he gave out no arms in the first place. He could not have sent a messenger to PW2 to deny the commission of the crime because he had lost his liberty since 24th October 1998 and had had no access to anybody.
But for the intervention of Police Commissioner Okiro, he would have been killed.
Statements on daily basis
At the first headquarters where he was being kept, he made statements on a daily basis which he counted to be 28 on the wall. He was tailored to accept the script and incriminate himself to tow the line of what PW2 said.
He was aware that PW2 complained against the convening authority of the SIP - Colonel Kayode Are for failing to meet up the promises promised him. Even PW2’s wife protested against PW2’s condition and not meeting up his demand to ameliorate the condition in which he was kept. Specifically, the way PW2 was kept in detention, the job promised to his wife which was not met. PW2’s wife complained openly at the presidency, the monetary reward to him which was supposed to be routine was not met. The SIP discussed this about PW2 with him directly.
He made his statement of September 23,1999 - Exhibit A3, before the SIP, and he made it while his hands and legs were chained. He was deprived of food. He was injured, deprived of medical attention even when he sustained injuries. This is because he was injured by the members of the SIP. He was deprived of sleep. They poured cold water on him during the cold season in Abuja. They used office pin on his head.
In all, he testified that he became a victim of the political class right from the death of General Abacha. As somebody who should be done away with for many reasons. When he changed places for Late Chief M.K.O. Abiola, due to threat to his life, this did not go down well with some people, highly respected people in the society.
He was invited to be a witness against the Federal Government when the family of Chief M.K.O Abiola filed a suit against the Federal Government for damages. He refused and that did not go down well. Two years after in 2004, 1st of March he was alleged to be staging a coup against President Obasanjo. A script after four years of torture, he was exonerated and apologized to.
Conspiracy and murder
When he says it is a script, it meant that he was particularly earmarked for this punishment, to be blackmailed by people in high places with mischievous intentions. Under cross-examination, he did say that SIP was instituted in 1999 by the Federal Government after other panels to investigate the allegation of the charges of conspiracy and murder against him. He faced a total of ten panels. They are:
{1} In 1998 October he was brought to Abuja to face a panel instituted by the office of Chief of General Staff on the recovery of General Diya's coupist castled properties - He was cleared and indeed commended.
(2) Soon after he returned to Enugu, he was arrested for being in possession of General Abacha’s money and he was cleared in Abuja.
(3) He was accused of being in possession of General Abacha"s personal properties and was cleared.
(4) He was accused for gun running that from Libya, he was collecting bombs to overthrow General Abdulsalam Abubakar.
(5) He was charged for staging a coup against General Abdusalam Abubakar - He was cleared.
(6) He was made to face Agbaje panel who investigated this matter while they were on SIP was also convened and they left Agbaje's panel to the SIP. This makes 7 panels.
(7) In 20001 he was brought before Human Right Violation Investigation Commission Oputa Panel.
(8) In 2002, NJC constituted a panel that sat at the Magistrate Court at Kirikiri opposite the prison.
(9) The tenth panel was convened in the year 2004 to investigate him for staging a coup.
He was cleared of all these: It is the same people that have been after him that are prosecuting this case. Apart from the Special Investigation Panel (SIP) that sat in the Force Headquarters Abuja, that investigated this particular allegation before this Court, the Agbaje panel also investigated this matter to conclusion in writing and on video. He was transferred from Agbaje panel to SIP, when SIP was set up. At the conclusion of Agbaje panel, Rabo Lawal and himself had been cleared.
That he became an enemy to some eyes who wanted Abacha removed.
The SIP did not allow him to date his statements, but shortly before he was brought, he was made to date the first on the 20th, to make it dated on the 23rd of September 1999, then the one they call visa is the one of the 13th of October 1999. He never made any statement voluntarily. Exhibit A3 was not made voluntarily, but he stated facts therein. Anytime he made a statement, he is tortured.
[caption id="attachment_187024" align="alignnone" width="412"]
File: Al-Mustapha arrives Lagos High court Igbosere on 03-06-2011. Photo Shola Oyelese[/caption]
Rabo LawaI was not in the country when this incident happened.
DW2 - Kyari Jieaid Gadzama - a retired military officer. Joined the Nigerian army in June 1993. He is orderly to the Appellant. He testified that strike force is a special force training. He undertook a course in it from late 1994 to 1995. He was appointed as orderly to the Appellant in 1994. He prepares the Appellant’s visitors list and takes his calls. He also reminds him of his calls. Ones names must be on the visitors list before he can see CSO for that day. If your name is not there, you will be denied access:’’At the end of each day, he hands over the daily visitors list to the P.A, for further references.
On the 4th of June 1996, he was in the Presidential villa Aso Rock in morning. He knows PW2. On that day PW2 and himself were together when they came for arms at the armories at the headquarters in Aguda Home in the villa. He saw PW2 at about 10 to 11 in the morning on that day. One Garuba Alamu was with them on that day. He knows Kayode Are as Director General SSS during the regime of Olusegun Obasanjo.
That the procedure for the issuance of ammunitions in the military and the security department is that you go to armoury and sign in and at the end of your duty, you sign out. There are no exceptions.
That there are no transfers of arms to anybody because they are recorded in your name and are numbered. It has to be through the armoury.
He was brought before Agbaje panel and another panel where he saw PW2 who told him to do anything he is told to do. Later on he was given a statement of PW2 and was told to go through it. He went through the statement and could not understand it. He was kicked till he fell and became unconscious. He was told to write down that all PW2 wrote down was true. He refused. But they said he must know. They insisted he must write something.
He wrote something, but they tore it and began to dictate to him to write that he was given arms, that PW2 gave him arms to give back to Appellant but he refused because such a thing did not happen. He was arrested three times.
He does not know PW3. That PW2 told him as at the time he was in detention that he would soon be posted out and he would be Ieft behind if he does not co-operate with him to do what they say they should do. That as for him already, they will do something good for him.. That he has been given a house, he would soon be flying out and his visa is getting ready, and that if he co-operates to write, may be they could go together. He would soon be posted out on foreign assignment.
He does not know Lateef Shofolahan. He confirmed Exhibit A2.
The Appellant’s house was vandalized and his goods removed upon the instruction of the board and panel members.
He confirms that the Appellant was very close to Late Chief M.K.O. Abiola.
He was tortured in order to adopt what SLO Bashir and PW2 said but he refused, as he knows nothing about it.
He was cross examined. He emphasized that he was told to say that he knows what they were doing and he said it is not true. He maintained that PW2 was with him at the Armoury in Abuja on the 4rh of June 1996 when the deceased was murdered in Lagos.
Regular meetings
He testified that to his knowledge, PW2 had never visited the Appellant in his office except when he comes for CSO regular meetings which takes place at the parade ground.
Nobody comes to the Appellant’s office except on appointment.
DW2 is Alhaji Abdul Lateef Shofolahan - who later became co accused civilian, he was at the time at the maximum security prison Apapa Kirikiri facing the charge of conspiracy to murder, and murdering of Alhaja Kudirat Abiola in 1993, he worked at Hope 93, No 3 Opebi Road Ikeja, Lagos. Hope 93 is M.K.O. Abiola presidential campaign organization office. Upon closure of Hope 93, he went back to his business of beer distributor and he did that till when he was arrested in 1999. In 1999 he joined Olusegun Obasanjo presidential campaign. He knew the deceased when she used to come to Hope 93 to collect campaign materials. He also knows Dr. Doyin Abiola and Alhaja Bisi. He has never worked for the deceased.
[caption id="attachment_188872" align="alignnone" width="412"]
File: Alhaji Lateef Sofola, former Personal Assistant to late Kudirat Abiola who is standing trial over the murder of late Kudirat Abiola at the Lagos High Court ,Igbosere Monday 15-8-2011. PHOTO; Kehinde Gbadamosi[/caption]
He was never the deceased driver. He had begged Mrs. Ojonio of the Special Investigation Panel in Abuja to take him for identification to the Abiolas’ house if he ever worked for the deceased or in her household, but they did not accede to his request.
He remembers Exhibit A4 and a statement dated 9th of October 1999. He was tortured after his arrest on the 8th of October 1999 and told to copy the statement on the 9th of October 1999 and told to put the 8th of October 1999 on the statement. He was told to write whatever they told him to write and that is how he came about the statement where the said inter alia that he is the protocol officer to the deceased.
He never went on errands for the deceased as stated in the statement. He does not know any Seriki Sania. He never took Seriki Sania to the Appellant, neither did the Appellant introduce him to Rabo LawaI.
He knows one IPO who tortured him and anytime he sees him, he used to call him “my torturer.”
He saw PW2 for the first time at the Special Investigation Panel.
He met Muhammed Katako in 1999 for the first time through this trial. Before then, he never met him.
He was told to copy a person described as AVM Idi Musa. He came across that name from SIP. He had to copy the names into his statement because of the torture on him. He never met Katako at the National theatre. He never took Katako to Abiola’s house in Ikeja.
He met Rabo Lawal for the 1st time on the 9th of October 1999 at the Special Investigation Panel, Police Headquarters, Abuja. He denies le charges against him.
He does not know any Major Ado. Everything in the statement of le 8th of October 1999 is a lie. Except his name, date of birth and his ddress.
Under cross examination, he did say that his statement was given to him to copy and was not read to him. Papers were given to him to copy he contents in the statement. The torturer told him to sign.
He wrote more than twenty statements. By this, he means that when he copies the contents of a paper given to him, they would say that is not what they want; remove this.
They did not tell him to say he killed the deceased. He has never lived in a barrack before. He lived with Obasanjo before, but not in the barracks.
He Shofolahan was not re-examined.
The prosecution tendered A1, A2, A3, A4, A5, B1, DI-1, DI-2, DI-3, DI-4, DI-5, and DI-6 respectively.
At the close of proceedings, the learned trial judge found the Appellant guilty of conspiracy to murder and murder and was sentenced death vide Judgment delivered on the 30th of January 2012 by Hon. Justice M.A. dada (Mrs) of the High Court of Lagos State- pages 1545-1866 of the Record of Appeal Vol. 4.
To be continued tomorrow.
HE knows PW2, Barnabas Jabila a.k.a. Sergeant Rogers. PW2 was serving in Jaji infanty centre and school, worked with the former head of state, Brigadier General Abdulsalam Abubakar closely, and this informed his nomination, that brought him to be a member of strike force into the Presidency.
PW2 was Brigadier General Abdulsalam Abubakar’s personal confidential person outside routine military duty, that is to say regarding his personal life, he was into issues that had to do with the spiritual state of Brigadier General Abdulsalam Abubakar.
That when PW2 testified that the Appellant called him on radio and that Rabo Lawal led him to his office where he gave him instructions to kill the deceased, (a statement which he later retracted), this cannot be true because Rabo Lawal was at the material time in Libya as he was nominated for a course, cleared by the presidency office’s National Security Adviser, signed and endorsed by the Police Office of the Inspector General of Police.
It was not possible that Rabo Lawal was in Libya and at the Villa at the same time. Again, the walkie-talkie used by the police and that used by the strike force are different. A general radio call cannot fetch everybody. Again if Rabo Lawal were to be in Nigeria, he would have been commanding his own wing.
He was a commander of presidential escort mobile police and if there is anybody to bring him to him, it could have been for those in the headquarters or could have been any of the following that were there with him namely his two IC- it could be the administrative officer, security liasing officer or the duty officer of the day. Any of these people could have brought PW2 to him and not Rabo Lawal who was then in Libya.
[caption id="attachment_404393" align="alignnone" width="412"]
Major Hamza Al-Mustapha being received by a large crowd in Kano[/caption]That PW2 could not have been called that very day the deceased was shot in the morning, and that same day liaise with Lateef Shofolahan, and that same morning do surveillance and that same morning they shot her, as stated in PW2’s statement. This could not have been possible from Libya to Lagos and all these actions in the morning.
The Appellant testifies that it is not possible for him to have given PW2 a rifle or any other weapon for that matter to kill the deceased with, and this is because everyone of them is issued his own rifle, in his name; make number, brought number and under the care and supervision and routine counting. It is called arms condition return. Every month, the state of arms in the presidency is accounted for. He testified that where one is missing, the President must note it and search at the routines. Where a bullet is missing, the entire department must account for an Army, Navy or Air Force through brigade of guards) and the supervising entire department until it is found.
That he could not have handed over his rifle to a relatively new person that came to the department in 1995. That he could not have given PW2 arms without a note handing and taking over and it is not possible to take arms from Abuja to Lagos without documenting it in a pass.
He denied telling PW2 that the deceased must be eliminated. Neither did he make a statement like “There are enemies of the country, they must be eliminated.” That this statement is not even contained in PW2’s statement.
That after the murder of General Abacha, when he went through handling and taking over processes with General Abdulsalam Abubakar, he was told by General Abdulsalam Abubakar to assist him in preparing the presidency for his occupation. Before then, he was staying in the Barrack next to brigade of Guards. It was in the cause of doing this that he was separated from late Chief M.K.O. Abiola, leading into numerous activity that led to his murder at Aguda house.
That the tape at the scene of where he was murdered is still a major issue between General Abdulsalam Abubakar and himself. This informed the fact that as soon as he was arrested on the 21st of October 1998, the first thing they did was to ransack and pack all he had and that is why he urged his counsel to beg Court to force them to bring the items they took away from him in order to help him present his case in Court.
That a day after the murder of Late Chief M.K.O. Abiola, something happened between Abuja and South West leader, between the seat of Government, Presidency and Central Bank which he has documentary evidence and tape. Money was given in large sum in his presence. He recorded what happened. A day after the murder of Chief M.K.O. Abiola, which was extremely hot day, the sum of Two hundred million dollars ($200,000,000) was withdrawn in cash, seventy-five million pounds (£75,000,000) and five hundred million naira (N500,000,000). That is how the matter was initially doused and that was the first withdrawal from Central Bank and pictures were printed to South West particularly against him.
That was why, after the incident, Genera Abdulsalam Abubakar and himself sat at the same Aguda house where later Chief M.K.O. Abiola was murdered. General Abdulsalam Abubakar posted him to Enugu and while he was rounding up the handing over with him, he declared him absent with leave from Enugu having sent him to Pakistan.
He testified that he had known late Chief M.K.O. Abiola as far back as when he was in the army headquarters in 1985. They were verv close in the sense that Chief M.K.O. Abiola used to call him whenever he has any engagement with any of the services army, navy, air force or ministry of defence, to facilitate his coming in and out of the place. Even after the annulment of June 12 election, when he used to consult General Abacha as a personal friend in trying to claim the mandate while Chief Ernest Shonekan was President, and General Abacha was Minister of Defence} he was the one assisting him to come in.
Personal confidence
A particular incident was when there was a national emergency meeting, Chief M.K.O. Abiola came in the evening and said it was too far for him to go. He came in a very long wheel Mercedez Limousine and obliged to stay with him. The meal he ate that day came from his kitchen - which was Amala. He stayed with him till 4a.m on personal confidence. That late Chief M.K.O. Abiola referred to him as a son, before Rev. Jesse Jackson and one time Ambassador to Nigeria Walter Carrington when he took them to see him, where he was under police custody at Zone 7, Abuja .
At a time when Chief M.K.O. Abiola’s feeding was poor, he took it upon himself, because of his previous relationship with him to be paying for his feeding from the resources of security department until his death. The Commissioner of Police then in Abuja, through the catering officer of police, who used to prepare his dishes are still alive. That the police officer who guarded late Chief M.K.O. Abiola can testify to this, as well as one Mr. Zando, a police officer who stayed with him till his death.
[caption id="attachment_398685" align="alignnone" width="412"]
Late Chief MKO Abiola[/caption]One of Late Chief M.K.O. Abiola’s numerous visitors when he was incarcerated was Dr. Ore Falomo, PWl his personal physician who also is his own personal Doctor at Maryland Hospital.
Late Chief M.K.O. Abiola was to have been killed the day General Abacha was killed, but,it was he who took him away to another location in the Barracks. He kept one Ikilamar, the commander of PW2 with the entire strike force in concealing him from those who wanted him shot. He is an enemy to those people till date. These people till date have been spending dollars sustaining this case, and spending money on the media. He also assisted the deceased, Kola Abiola, the lawyers and PWl to visit Late Chief M.K.O. Abiola.
He had made twenty eight statements and he was able to use his handcuff to count them on the wall by scratching the wall. He was confronted at the SIP meeting with PW2 and PW3 at SSS headquarters in the night, where they are being taught on how to face him. They call it "hardship boldness”. They were brought and confronted him by saying what they were told to face him with. They were well dressed in suits while he was on a singlet which he wore throughout the year. After they left, he was forced to make a statement without a date.
He was returned to force headquarters where he was initially kept. He met the two together at a sitting. He was also made to face Rabo Lawal, first as a witness and then as a co-accused. At the first headquarters SIP meeting, second floor, he was made to face Lateef Shofolahan whom he met laying on his back on the floor, groaning, with blood flowing out of his hands. He was later brought before the SIP to confront him and after the confrontation session, he was brought by one Mr. Ogeonum who gave him papers to copy as his statement.
He met Lateef Shofolahan for the 1st time in 1998 when two million man match was being prepared for in March. The two million man match was an occasion whereby youth had a rally in Abuja and youths from all over Nigeria gathered state by state in 1998.
Exhibit A2, statement of PW2 of the 29th of September 1999 was never shown to him at the SIP. He never sent N50, 000.00 through one Sukwanga Bello from Abuja to PW2 and others in Lagos. Moreso the said Sukwanga was working with the DG, SSS Lt. Colonel Kayode Are. Bello Sukwanga was a friend to PW2 Lieutenant Colonel Kayode Are was DG SSS from 1999-2007.
He denied that any arms were returned to him after the assignment through his orderly, because he gave out no arms in the first place. He could not have sent a messenger to PW2 to deny the commission of the crime because he had lost his liberty since 24th October 1998 and had had no access to anybody.
But for the intervention of Police Commissioner Okiro, he would have been killed.
Statements on daily basis
At the first headquarters where he was being kept, he made statements on a daily basis which he counted to be 28 on the wall. He was tailored to accept the script and incriminate himself to tow the line of what PW2 said.
He was aware that PW2 complained against the convening authority of the SIP - Colonel Kayode Are for failing to meet up the promises promised him. Even PW2’s wife protested against PW2’s condition and not meeting up his demand to ameliorate the condition in which he was kept. Specifically, the way PW2 was kept in detention, the job promised to his wife which was not met. PW2’s wife complained openly at the presidency, the monetary reward to him which was supposed to be routine was not met. The SIP discussed this about PW2 with him directly.
He made his statement of September 23,1999 - Exhibit A3, before the SIP, and he made it while his hands and legs were chained. He was deprived of food. He was injured, deprived of medical attention even when he sustained injuries. This is because he was injured by the members of the SIP. He was deprived of sleep. They poured cold water on him during the cold season in Abuja. They used office pin on his head.
In all, he testified that he became a victim of the political class right from the death of General Abacha. As somebody who should be done away with for many reasons. When he changed places for Late Chief M.K.O. Abiola, due to threat to his life, this did not go down well with some people, highly respected people in the society.
He was invited to be a witness against the Federal Government when the family of Chief M.K.O Abiola filed a suit against the Federal Government for damages. He refused and that did not go down well. Two years after in 2004, 1st of March he was alleged to be staging a coup against President Obasanjo. A script after four years of torture, he was exonerated and apologized to.
Conspiracy and murder
When he says it is a script, it meant that he was particularly earmarked for this punishment, to be blackmailed by people in high places with mischievous intentions. Under cross-examination, he did say that SIP was instituted in 1999 by the Federal Government after other panels to investigate the allegation of the charges of conspiracy and murder against him. He faced a total of ten panels. They are:
{1} In 1998 October he was brought to Abuja to face a panel instituted by the office of Chief of General Staff on the recovery of General Diya's coupist castled properties - He was cleared and indeed commended.
(2) Soon after he returned to Enugu, he was arrested for being in possession of General Abacha’s money and he was cleared in Abuja.
(3) He was accused of being in possession of General Abacha"s personal properties and was cleared.
(4) He was accused for gun running that from Libya, he was collecting bombs to overthrow General Abdulsalam Abubakar.
(5) He was charged for staging a coup against General Abdusalam Abubakar - He was cleared.
(6) He was made to face Agbaje panel who investigated this matter while they were on SIP was also convened and they left Agbaje's panel to the SIP. This makes 7 panels.
(7) In 20001 he was brought before Human Right Violation Investigation Commission Oputa Panel.
(8) In 2002, NJC constituted a panel that sat at the Magistrate Court at Kirikiri opposite the prison.
(9) The tenth panel was convened in the year 2004 to investigate him for staging a coup.
He was cleared of all these: It is the same people that have been after him that are prosecuting this case. Apart from the Special Investigation Panel (SIP) that sat in the Force Headquarters Abuja, that investigated this particular allegation before this Court, the Agbaje panel also investigated this matter to conclusion in writing and on video. He was transferred from Agbaje panel to SIP, when SIP was set up. At the conclusion of Agbaje panel, Rabo Lawal and himself had been cleared.
That he became an enemy to some eyes who wanted Abacha removed.
The SIP did not allow him to date his statements, but shortly before he was brought, he was made to date the first on the 20th, to make it dated on the 23rd of September 1999, then the one they call visa is the one of the 13th of October 1999. He never made any statement voluntarily. Exhibit A3 was not made voluntarily, but he stated facts therein. Anytime he made a statement, he is tortured.
[caption id="attachment_187024" align="alignnone" width="412"]
File: Al-Mustapha arrives Lagos High court Igbosere on 03-06-2011. Photo Shola Oyelese[/caption]Rabo LawaI was not in the country when this incident happened.
DW2 - Kyari Jieaid Gadzama - a retired military officer. Joined the Nigerian army in June 1993. He is orderly to the Appellant. He testified that strike force is a special force training. He undertook a course in it from late 1994 to 1995. He was appointed as orderly to the Appellant in 1994. He prepares the Appellant’s visitors list and takes his calls. He also reminds him of his calls. Ones names must be on the visitors list before he can see CSO for that day. If your name is not there, you will be denied access:’’At the end of each day, he hands over the daily visitors list to the P.A, for further references.
On the 4th of June 1996, he was in the Presidential villa Aso Rock in morning. He knows PW2. On that day PW2 and himself were together when they came for arms at the armories at the headquarters in Aguda Home in the villa. He saw PW2 at about 10 to 11 in the morning on that day. One Garuba Alamu was with them on that day. He knows Kayode Are as Director General SSS during the regime of Olusegun Obasanjo.
That the procedure for the issuance of ammunitions in the military and the security department is that you go to armoury and sign in and at the end of your duty, you sign out. There are no exceptions.
That there are no transfers of arms to anybody because they are recorded in your name and are numbered. It has to be through the armoury.
He was brought before Agbaje panel and another panel where he saw PW2 who told him to do anything he is told to do. Later on he was given a statement of PW2 and was told to go through it. He went through the statement and could not understand it. He was kicked till he fell and became unconscious. He was told to write down that all PW2 wrote down was true. He refused. But they said he must know. They insisted he must write something.
He wrote something, but they tore it and began to dictate to him to write that he was given arms, that PW2 gave him arms to give back to Appellant but he refused because such a thing did not happen. He was arrested three times.
He does not know PW3. That PW2 told him as at the time he was in detention that he would soon be posted out and he would be Ieft behind if he does not co-operate with him to do what they say they should do. That as for him already, they will do something good for him.. That he has been given a house, he would soon be flying out and his visa is getting ready, and that if he co-operates to write, may be they could go together. He would soon be posted out on foreign assignment.
He does not know Lateef Shofolahan. He confirmed Exhibit A2.
The Appellant’s house was vandalized and his goods removed upon the instruction of the board and panel members.
He confirms that the Appellant was very close to Late Chief M.K.O. Abiola.
He was tortured in order to adopt what SLO Bashir and PW2 said but he refused, as he knows nothing about it.
He was cross examined. He emphasized that he was told to say that he knows what they were doing and he said it is not true. He maintained that PW2 was with him at the Armoury in Abuja on the 4rh of June 1996 when the deceased was murdered in Lagos.
Regular meetings
He testified that to his knowledge, PW2 had never visited the Appellant in his office except when he comes for CSO regular meetings which takes place at the parade ground.
Nobody comes to the Appellant’s office except on appointment.
DW2 is Alhaji Abdul Lateef Shofolahan - who later became co accused civilian, he was at the time at the maximum security prison Apapa Kirikiri facing the charge of conspiracy to murder, and murdering of Alhaja Kudirat Abiola in 1993, he worked at Hope 93, No 3 Opebi Road Ikeja, Lagos. Hope 93 is M.K.O. Abiola presidential campaign organization office. Upon closure of Hope 93, he went back to his business of beer distributor and he did that till when he was arrested in 1999. In 1999 he joined Olusegun Obasanjo presidential campaign. He knew the deceased when she used to come to Hope 93 to collect campaign materials. He also knows Dr. Doyin Abiola and Alhaja Bisi. He has never worked for the deceased.
[caption id="attachment_188872" align="alignnone" width="412"]
File: Alhaji Lateef Sofola, former Personal Assistant to late Kudirat Abiola who is standing trial over the murder of late Kudirat Abiola at the Lagos High Court ,Igbosere Monday 15-8-2011. PHOTO; Kehinde Gbadamosi[/caption]He was never the deceased driver. He had begged Mrs. Ojonio of the Special Investigation Panel in Abuja to take him for identification to the Abiolas’ house if he ever worked for the deceased or in her household, but they did not accede to his request.
He remembers Exhibit A4 and a statement dated 9th of October 1999. He was tortured after his arrest on the 8th of October 1999 and told to copy the statement on the 9th of October 1999 and told to put the 8th of October 1999 on the statement. He was told to write whatever they told him to write and that is how he came about the statement where the said inter alia that he is the protocol officer to the deceased.
He never went on errands for the deceased as stated in the statement. He does not know any Seriki Sania. He never took Seriki Sania to the Appellant, neither did the Appellant introduce him to Rabo LawaI.
He knows one IPO who tortured him and anytime he sees him, he used to call him “my torturer.”
He saw PW2 for the first time at the Special Investigation Panel.
He met Muhammed Katako in 1999 for the first time through this trial. Before then, he never met him.
He was told to copy a person described as AVM Idi Musa. He came across that name from SIP. He had to copy the names into his statement because of the torture on him. He never met Katako at the National theatre. He never took Katako to Abiola’s house in Ikeja.
He met Rabo Lawal for the 1st time on the 9th of October 1999 at the Special Investigation Panel, Police Headquarters, Abuja. He denies le charges against him.
He does not know any Major Ado. Everything in the statement of le 8th of October 1999 is a lie. Except his name, date of birth and his ddress.
Under cross examination, he did say that his statement was given to him to copy and was not read to him. Papers were given to him to copy he contents in the statement. The torturer told him to sign.
He wrote more than twenty statements. By this, he means that when he copies the contents of a paper given to him, they would say that is not what they want; remove this.
They did not tell him to say he killed the deceased. He has never lived in a barrack before. He lived with Obasanjo before, but not in the barracks.
He Shofolahan was not re-examined.
The prosecution tendered A1, A2, A3, A4, A5, B1, DI-1, DI-2, DI-3, DI-4, DI-5, and DI-6 respectively.
At the close of proceedings, the learned trial judge found the Appellant guilty of conspiracy to murder and murder and was sentenced death vide Judgment delivered on the 30th of January 2012 by Hon. Justice M.A. dada (Mrs) of the High Court of Lagos State- pages 1545-1866 of the Record of Appeal Vol. 4.
To be continued tomorrow.
Monday, 15 July 2013
Al-Mustapha still in the Army - HQTRS
By KINGSLEY OMONOBI, ABDULWAHAB ABDULAH & DAPO AKINREFON
ABUJA— The Nigerian Army High command yesterday insisted that the discharged and acquitted former Chief Security Officer to late General Sani Abacha, Major Hamza Al-Mustapha, is still in service just as it is mulling whether or not to promote and retire him.
The Army spoke yesterday, as the Lagos State Government that prosecuted Major Al-Mustapha has mandated its Justice Ministry to advise it on the way forward.
The Lagos State Executive Council, met yesterday to review the Court of Appeal judgment which on Friday quashed the conviction of Al-Mustapha and his co-accused, Alhaji Lateef Sofolahan over the murder of late Alhaja Kudirat Abiola.
The state Ministry of Justice, headed by Mr Ade Ipaye was mandated to study the judgment and decide if there was any need to appeal same.
[caption id="attachment_403986" align="alignnone" width="412"]
Hamza al-Mustapha[/caption]
However, sources in Lagos Ministry of Justice informed Vanguard that the Court of Appeal decision would certainly be appealed.
Special Assistant to Governor Babatunde Fashola on Legal Matters, Mr Lanre Akinsola said: “The position of the Lagos State Government is that we are reviewing the judgment to see whether there is a need for us to appeal same. If we feel there are grounds to appeal, we will certainly do so. We have 90 days to study the judgment before appealing.”
According to him, government cannot jump into conclusions on what to do, except it examines in detail the decision of the appellate court and weigh merit of the judgment delivered by the panel of Justices of the Appeal Court.
He said: “The Lagos State Government would look critically into the judgment, after which the right decision would be made.
“As a government, we are going to study the judgment and from there, we will take decision on what next to do. We are convinced that he has a case to answer; that was why we prosecuted him. There is need for us to study the judgment to know what to do.”
It will be recalled that the Lagos State Government prosecuted the case from the lower court, where it secured the convictions and defended the appeal it lost.
Meanwhile, Lagos State Chapter of the Action Congress of Nigeria, ACN, and Oodua Republic Front, ORF, yesterday, faulted the Court of Appeal’s acquittal of Al Mustapha and called on the state government to appeal the judgment.
Reacting to Al-Mustapha’s status at the Joint Security Committee’s briefing in Abuja, Chief of Staff in the Department of Army Public Relations, Colonel John Agim, said: “Major Al-Mustapha is still in the Army. His case is going to be handled by the Army administratively in line with the harmonised terms and conditions of service.”
Options on Al-Mustapha
However, reliable military sources told Vanguard that one of the options open to the Army High Command was the promotion of the officer to the current rank of his course mates in the military and then retire him, while his entitlements would be calculated and to paid.
It will be recalled that before now, the army authorities had paid the immediate family of Major Al-Mustapha, half of his salary since his detention in prison for about 14 years because the case was still in court.
In separate statements, ACN and ORF, said the acquittal is a shame and follows a pattern that has never punished high net-worth offenders for crimes they committed either against the state or fellow Nigerians.
The added that if the judiciary continues to operate at the behest of the highest bidder, we see no hope for the country.
ACN in a statement by its state Publicity Secretary, Joe Igbokwe, said: “Given the weighty evidence against Al-Mustapha, including confessions of Sergeant Rogers, Major Muhammed Abdul, the men that allegedly pulled the trigger on Mrs. Abiola, and Alhaji Lateef Shofolahan, dismissing the case for lack of evidence seems to be a way of ensuring that Al-Mustapha escaped justice for acts of crime he committed and not in any way a means of helping the soiled image of the Nigerian judiciary.
“We are still in shock over the acquittal of Al-Mustapha, given all the evidences that had so far been adduced against him and his co-accused.
Even when we had not seen any iron-cast defence put up by Mustapha, except throwing about raw tissues of illogical blackmail that refused to sink with Nigerians, who knew all that happened during the Abacha reign of fear, we are left to wonder how the Appeal Court arrived at its judgment.
“We are aware of the huge cache of evidence marshalled by the prosecution and we are aware that these are incontrovertible evidences against Mustapha, contrary to the ruling of the Appeal Court, which chose to hide under the well-abused lingo of Nigerian judges that ‘the prosecution had not proved its case beyond all reasonable doubts.’
"We see this as a convenient alibi for a pliable judiciary such as ours, without the healthy interface of a jury, to pervert justice and ensure that criminals are not punished for their crimes in Nigeria.”
On its part, ORF distanced itself from the judgment, saying “we foresee foul play from the beginning of the hearings, but we assure all and sundry that believe in a sincere justice and people-oriented judgment that the blood of every slain hero of democracy will form a merger to hunt down those behind the murder.”
ABUJA— The Nigerian Army High command yesterday insisted that the discharged and acquitted former Chief Security Officer to late General Sani Abacha, Major Hamza Al-Mustapha, is still in service just as it is mulling whether or not to promote and retire him.
The Army spoke yesterday, as the Lagos State Government that prosecuted Major Al-Mustapha has mandated its Justice Ministry to advise it on the way forward.
The Lagos State Executive Council, met yesterday to review the Court of Appeal judgment which on Friday quashed the conviction of Al-Mustapha and his co-accused, Alhaji Lateef Sofolahan over the murder of late Alhaja Kudirat Abiola.
The state Ministry of Justice, headed by Mr Ade Ipaye was mandated to study the judgment and decide if there was any need to appeal same.
[caption id="attachment_403986" align="alignnone" width="412"]
Hamza al-Mustapha[/caption]However, sources in Lagos Ministry of Justice informed Vanguard that the Court of Appeal decision would certainly be appealed.
Lagos yet to decide on appeal
Special Assistant to Governor Babatunde Fashola on Legal Matters, Mr Lanre Akinsola said: “The position of the Lagos State Government is that we are reviewing the judgment to see whether there is a need for us to appeal same. If we feel there are grounds to appeal, we will certainly do so. We have 90 days to study the judgment before appealing.”
According to him, government cannot jump into conclusions on what to do, except it examines in detail the decision of the appellate court and weigh merit of the judgment delivered by the panel of Justices of the Appeal Court.
He said: “The Lagos State Government would look critically into the judgment, after which the right decision would be made.
“As a government, we are going to study the judgment and from there, we will take decision on what next to do. We are convinced that he has a case to answer; that was why we prosecuted him. There is need for us to study the judgment to know what to do.”
It will be recalled that the Lagos State Government prosecuted the case from the lower court, where it secured the convictions and defended the appeal it lost.
Lagos ACN, ORF fault judgment
Meanwhile, Lagos State Chapter of the Action Congress of Nigeria, ACN, and Oodua Republic Front, ORF, yesterday, faulted the Court of Appeal’s acquittal of Al Mustapha and called on the state government to appeal the judgment.
Reacting to Al-Mustapha’s status at the Joint Security Committee’s briefing in Abuja, Chief of Staff in the Department of Army Public Relations, Colonel John Agim, said: “Major Al-Mustapha is still in the Army. His case is going to be handled by the Army administratively in line with the harmonised terms and conditions of service.”
Options on Al-Mustapha
However, reliable military sources told Vanguard that one of the options open to the Army High Command was the promotion of the officer to the current rank of his course mates in the military and then retire him, while his entitlements would be calculated and to paid.
It will be recalled that before now, the army authorities had paid the immediate family of Major Al-Mustapha, half of his salary since his detention in prison for about 14 years because the case was still in court.
Judiciary takes flak on judgment
In separate statements, ACN and ORF, said the acquittal is a shame and follows a pattern that has never punished high net-worth offenders for crimes they committed either against the state or fellow Nigerians.
The added that if the judiciary continues to operate at the behest of the highest bidder, we see no hope for the country.
ACN in a statement by its state Publicity Secretary, Joe Igbokwe, said: “Given the weighty evidence against Al-Mustapha, including confessions of Sergeant Rogers, Major Muhammed Abdul, the men that allegedly pulled the trigger on Mrs. Abiola, and Alhaji Lateef Shofolahan, dismissing the case for lack of evidence seems to be a way of ensuring that Al-Mustapha escaped justice for acts of crime he committed and not in any way a means of helping the soiled image of the Nigerian judiciary.
“We are still in shock over the acquittal of Al-Mustapha, given all the evidences that had so far been adduced against him and his co-accused.
Even when we had not seen any iron-cast defence put up by Mustapha, except throwing about raw tissues of illogical blackmail that refused to sink with Nigerians, who knew all that happened during the Abacha reign of fear, we are left to wonder how the Appeal Court arrived at its judgment.
“We are aware of the huge cache of evidence marshalled by the prosecution and we are aware that these are incontrovertible evidences against Mustapha, contrary to the ruling of the Appeal Court, which chose to hide under the well-abused lingo of Nigerian judges that ‘the prosecution had not proved its case beyond all reasonable doubts.’
"We see this as a convenient alibi for a pliable judiciary such as ours, without the healthy interface of a jury, to pervert justice and ensure that criminals are not punished for their crimes in Nigeria.”
On its part, ORF distanced itself from the judgment, saying “we foresee foul play from the beginning of the hearings, but we assure all and sundry that believe in a sincere justice and people-oriented judgment that the blood of every slain hero of democracy will form a merger to hunt down those behind the murder.”
Friday, 12 July 2013
Al-Mustapha, Shofolahan step out of Kirikiri Prisons
Lagos - Maj. Hamza Al-Mustapha was on Friday released from the Kirikiri Maximum Prisons, Lagos, following his discharge and acquittal of a murder charge by the Court of Appeal .
The appellate court sitting in Lagos upturned a death sentence earlier passed on Al-Mustapha and Alhaji Lateef Sofolahan, an aide to the late Kudirat Abiola.
[caption id="attachment_403580" align="alignnone" width="412"]
Major Hamza Al-Mustapha leaving the Court in Lagos on Tuesday (9/8/11).[/caption]
Al-Mustapha, a former Chief Security Officer (CSO) to the late Head of State, Gen. Sani Abacha, was sentenced to death on Jan. 30, over the alleged murder of the Kudirat, on June 4, 1996 in Lagos.
Kudirat was wife of the late business mogul and politician, Chief M.K.O. Abiola.
Al-Mustapha, who waved to well wishers that besieged the prison, said: ``thank God, thank God,’’ as he was rushed into a jeep, which drove him away.
The former CSO was driven off in the same vehicle with Shofolahan.
Shofolahan had emerged five minutes ahead of Al-Mustapha, into the warm embrace of friends, who were also full of joy.
In a joyful mood, Sofolahan told the News Agency of Nigeria (NAN): ``we are fine, we feel happy.’’
NAN reports that there was tight security as both men were released from prison.
Anxious family members and friends of Al-Mustapha and Shofolahan had earlier besieged the gates of the prisons ahead of their release.
The duo had been in detention since 1999 when they were charged to court. Al-Mustapha’s younger brother, Hadi, told NAN that he was overwhelmed by the judgment of the court.
At the appellate court, Justice Rita Pemu, who read the lead judgment, said that the prosecution totally failed to establish the charge of conspiracy and murder against Al-Mustapha and Shofolahan.(NAN)
The appellate court sitting in Lagos upturned a death sentence earlier passed on Al-Mustapha and Alhaji Lateef Sofolahan, an aide to the late Kudirat Abiola.
[caption id="attachment_403580" align="alignnone" width="412"]
Major Hamza Al-Mustapha leaving the Court in Lagos on Tuesday (9/8/11).[/caption]Al-Mustapha, a former Chief Security Officer (CSO) to the late Head of State, Gen. Sani Abacha, was sentenced to death on Jan. 30, over the alleged murder of the Kudirat, on June 4, 1996 in Lagos.
Kudirat was wife of the late business mogul and politician, Chief M.K.O. Abiola.
Al-Mustapha, who waved to well wishers that besieged the prison, said: ``thank God, thank God,’’ as he was rushed into a jeep, which drove him away.
The former CSO was driven off in the same vehicle with Shofolahan.
Shofolahan had emerged five minutes ahead of Al-Mustapha, into the warm embrace of friends, who were also full of joy.
In a joyful mood, Sofolahan told the News Agency of Nigeria (NAN): ``we are fine, we feel happy.’’
NAN reports that there was tight security as both men were released from prison.
Anxious family members and friends of Al-Mustapha and Shofolahan had earlier besieged the gates of the prisons ahead of their release.
The duo had been in detention since 1999 when they were charged to court. Al-Mustapha’s younger brother, Hadi, told NAN that he was overwhelmed by the judgment of the court.
At the appellate court, Justice Rita Pemu, who read the lead judgment, said that the prosecution totally failed to establish the charge of conspiracy and murder against Al-Mustapha and Shofolahan.(NAN)
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