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Tuesday, January 31, 2012

AL-MUSTAPHA



Kudirat Abiola: Al-Mustapha To Die By Hanging.


Justice Mojisola Dada of a Lagos High Court this evening sentenced former Chief Security Officer, CSO, to the late General Sani Abacha, Major Hamza Al-Mustapha and Lateef Sofolahan to death by hanging for their roles in the murder of Alhaja Kudirat Abiola, wife of the late Chief MKO Abiola.
Shofolahan was the personal aide to the late Kudirat.
The court held that from the evidence before it, it was established that Al-Mustapha gave arms and ammunition to Sergeant Barnabas Jabila a.k.a. Sergeant Rogers, from Abuja to Lagos and provided logistics from Abuja to Lagos to meet Shofolahan to murder Kudirat Abiola.
In the judgement which lasted about eight hours, Justice Dada said the evidence provided by the prosecution were manifestly reliable and that the defendants murdered Kudirat Abiola.
She said the prosecution has proven its case beyond any reasonable doubt.
Responding to the verdict, the lead counsel to Al-Mustapha and Shofolahan, Mr. Olalekan Ojo said his clients will appeal the judgement.
Al-Mustapha’s supporters who besieged the court were confused and speechless after the eight-hour judgement was delivered.
The convicts were whisked away by security agents after the judgement was delivered.
Al-Mustapha, the former chief security officer to the late military head of state, General Sani Abacha, and Sofolahan were tried on a two-count charge of conspiracy and murder.
The men were alleged to have been involved in the 4 June, 1996, murder of Alhaja Kudirat Abiola, wife of the late businessman and politician, Chief Moshood Kashimawo Abiola.
The trial suffered several adjournments as a results of numerous applications that needed to be resolved before trial.
During the trial, state’s key witnesses, Sergeant Barnabas Jabila (aka Rogers), and another soldier, Mohammed Abdul (aka Katako), recanted on their roles in the alleged murder and how the crime was committed.
They had earlier told the court that Sofolahan, acting as Kudirat’s aide, gave them information on her itinerary, which aided them in accomplishing their task of eliminating her. Kudirat was on her way to the American embassy on the day she was killed at the Toll Gate end of the Lagos-Ibadan Expressway. The Lagos government under the Tinubu administration had built a cenotaph near the scene of the murder.
Jabila, a member of the special security outfit established to protect Abacha and his family, had also confirmed he fired the shot that killed Kudirat, while Abdul, who served as personal driver to Mohammed, narrated how they (himself and Jabila) went out the day after meeting Sofolahan, trailed a white Mercedes Benz car from Ikeja to the old Lagos toll gate and how Jabila shot at the car and directed him to drive back to Dodan Barracks where they were staying.
In his evidence-in-chief, Jabila narrated how he was, some days before Kudirat’s assassination, summoned by Al-Mustapha to his office in Aso Rock, handed some bags containing guns, and briefed on “ a special assignment”.
He also told the court that Sofolahan provided them with information about Kudirat’s movement and even led them to her residence after which his team planned strategies for the operation.Jabila also said Sofolahan’s information aided them in trailing Kudirat until he shot her on 4 June, 1996 in the car driven by Abdul.
Abdul, who acted as the prosecution’s third prosecution witness, corroborated Jabila’s testimony.He said he once worked with Mohammed’s late senior brother, Ibrahim, but had his service transferred to Mohammed after the latter’s death.
The revelations were stunning but with time and after the matter had passed through several judges, Jabila and Abdul recanted during cross-examination, denying all their earlier evidence.
They later blamed their strange decision to somersault on their allegation that the state reneged on its promise to compensate them materially after the trial.
They alleged that the state failed to fulfil its promises, under the witness protection programme, to reward them and their families for acting as prosecution witnesses.
The case also suffered some hiccups after the fourth prosecution witness, Yusuf, who allegedly obtained statements from Al-Mustapha during investigation, also, midway into his testimony, refused to cooperate with the prosecution.
He allegedly refused to attend court, a development that forced the court to close the prosecution’s case in July after several adjournments.
Opening his defence, Al-Mustapha who witnessed for himself, denied all the allegations against him. He particularly denied sending anybody to kill Kudirat. Apart from this, he denied any knowledge of sending any emissary or sponsored anybody to kill the victim and also monitor the activities of NADECO members.
But he was confronted with his statement, from which he read to the court a portion, where he admitted sending Rabo Lawal to monitor a NADECO rally in Lagos. On Kudirat, the prosecution confronted him with a statement by Mohammed Abacha, contained in the Supreme Court’s judgment in an interlocutory appeal by Mohammed, and upon which he was freed.
In the statement, part of which was read to the court by the lead prosecution lawyer, Lawal Pedro, SAN, Mohammed admitted witnessing where Al-Mustapha gave Jabila a bag containing guns.
This was vehemently opposed by Al-Mustapha’s counsel, Mr. Olalekan Ojo.Also, Al-Mustapha, who earlier testified not to have tortured anyone in his life, later admitted, during cross-examination, that he tortured Turner Ogboru.
He also admitted that, as trained military personnel, he could take lives in public interest. The defence also called a retired army personnel, Kyari Gadzama, who worked as an aide to Al-Mustapha, who testified in his favour.
He admitted knowledge of Kudirat’s assassination, but said he heard of it from media reports. He also denied accompanying his ex-principal always to every of his engagements and meetings.
In his own testimony on 17 August, 2011, which almost turned the court into a theatre, Sofolahan, the third defence and last witness, also testified for himself. In his own testimony, he denied involvement in the offences for which he was accused.
To the chagrin of those present in court, he denied ever working for any member of Abiola family or was a personal assistant to Kudirat.
Al-Mustapha, Sofolahan Deserve To Die —Lawyers, Activists
Nigerians, especially human rights activists and lawyers have reacted to the death sentence passed on Major Hamza Al-Mustapha and Lateef Sofolahan for their roles in the killing of Alhaja Kudirat Abiola and others during the regime of the late General Sani Abacha.
Commenting on the death sentence, Barrister Supo Osewa said Justice Mojisola Dada is a judge well grounded in criminal matters and the decision must have been based on the evidence before her. In other words, the prosecution must have proved its case beyond reasonable doubt.
Another Lagos lawyer, Abubakar Samsideen differed. He said the convict should not have been convicted based on the fact that in a capital offence, all doubting issues must be resolved in the favour of the accused.
Also commenting, another lawyer, Chuks Nwachukwu said no matter how sound the judgment may be, a party who is not satisfied with it has a right of appeal.
Therefore, that is not the end of the case.
Human rights activist, Bamidele Aturu said he was happy with the judgment but noted that the case had dragged for too long.
Hafsat Abiola-Costello, daughter of Kudirat said she was so happy with the judgement, saying on her Facebook wall that, “God doesn’t sleep. Justice for mum at last. I am so happy.”
Hafsat added that Al-Mustapha’s death sentence ruling was “Long Overdue”.
Hafsat’s reaction came less than two hours after the Lagos High Court sitting in Igbosere sentenced to death Al-Mustapha, and Shofolahan.
She described the sentence as a judgement for Nigerians and said it was long overdue, during an interview with a Lagos-based television outfit while reacting to the judgement.
Hafsat Abiola says the judgement has further confirmed the judiciary in the country as the last hope of the Nigerian masses.
She said there had been “no doubt” about Al-Mustapha’s involvement in her mother’s killing, adding that it brings some closure to the family still grieving the loss.
Mrs. Costello says that life without the late Kudirat Abiola has been difficult, but adds that the family finds solace in the fact that she died in the struggle for the emancipation of the people.
Publicity Secretary, Lagos Action Congress of Nigeria, Joe Igbokwe said “after almost 12 years of waiting for justice to be done, it finally came with a resounding notice that no matter how long it takes, evil people will always get reward for their evil machinations.
“Who did not know the details of Al-Mustapha’s many atrocities in the days of Abacha? Who did not know how he plotted and eliminated many of Abacha’s perceived enemies then without knowing that judgement day is coming?
spokesperson, Save Nigeria Group, Yinka Odumakin said he was happy that aftet several years, the long arm of justice had caught up with the accused.
“This is a big lesson for those in charge of state apparatus. No matter how long, justice will be done. The judgement is for the memory of those killed. I commend the judiciary,” he said.
Founder, Coalition Against Corrupt Leaders, CACOL, Debo Adeniran, congratulated the judiciary for allowing justice to be done in the matter, saying that no matter how long a case might be, justice would surely prevail.
Secretary, Joint Action Congress, JAC, Comrade Abiodun Aremu said it was unfortunate “we have a case whose judgment had been prolonged and it is sad that we have not come to the end of it.
National President, Campaign for Democracy, Joe Okei-Odumakin, said the sentence was a vindication of the judicial process.
According to her, with the sentence, the spirit of the late Kudirat Abiola, the wife of the acclaimed winner of June 12, 1993 election, MKO Abiola, would now be able to rest in peace.
“The sentence is a vindication of the judicial process. The mill of justice may grind slowly but it surely rolls eventually. With this judgment, I think the spirit of Kudirat Abiola may now rest in peace. The judgment has once again proved that the judiciary is the last hope of the common man,” she stated.
Al-Mustapha, the former Chief Security Officer to the late Head of State, General Sani Abacha, as well Lateef Sofolahan, the protocol officer for the deceased masterminded her murder.
Barnabas Jabila, popularly known as Sergeant Rogers, was the government witness in the case.
Jabila was the head of the Strike Force during Abacha’s reign and he told the court that Al-Mustapha and Shofolahan were part of the group that plotted the death of Kudirat on June 4, 1996.
Kudirat’s husband, the late Chief Moshood Kashimawo Olawale Abiola, won the June 12, 1993 election, which was annulled by the regime of former military president, General Ibrahim Badamasi Babangida, with the support of Abacha.
It was during the struggle to actualise the mandate that Kudirat was shot dead near 7UP junction in Lagos.
This was during Abacha’s reign. Abiola also died in controversial circumstances in detention on 7 July, 1998.
Al-Mustapha: Shehu Sani Seeks Parole
Prominent Northern Nigeria-based rights activist and also a victim of the late General Sani Abacha’s despotic regime, Comrade Shehu Sani has pleaded that the former Head of State’s Chief Security Officer, Major Hamza Al-Mustapha be granted parole.
Al-Mustapha, along with Lateef Sofolahan were sentenced to death yesterday.
Shehu Sani pleaded that Al-Mustapha’s death sentence be commuted to a life imprisonment, warning that sentiments should not be attached to Al-Mustapha’s trial and consequent death sentence.
He said: “As a human rights activist, we are opposed to death sentence. Though the government he had served murdered many people, killed people using the instrumentality of the courts, we as rights activists are not in support of his being hanged. But he should be able to appeal his case. Whatever the outcome of the appeal, the death sentence could be commuted to a life jail term.”
Sani appealed to Nigerians not to politicise or sensationalise the issue, noting that it has become clear that certain elements in the north were trying to introduce sectional sentiment into the matter.
He warned: “Al-Mustapha should be seen as a suspect and now a convict and not as a champion of any northern interest.
“All comments and appeal about him should be done from the points of objectivity, compassion, law or human rights.
Ethnicising the issue is not in the best interest of his case.”
He argued that although he also suffered imprisonment under the government that Al-Mustapha served, he would like the death sentence commuted to life imprisonment as death sentence has become obsolete in democracies around the world.
“We must be careful of playing into the hands of extremists who will argue that death sentence is legally justified.
“Mustapha’s role in the Abacha government was despicable. But we are in a democratic government. He should be pardoned in magnanimity as human beings,” Sani submitted.
Sani also advised that it will be in the interest of humanity to reconsider the issue of death sentence, stressing, “it may be misused in certain sections of the country where religious backwardness is a common thing.”

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