Showing posts with label al mustapha gist. Show all posts
Showing posts with label al mustapha gist. Show all posts

”If I die, my spirit will fight the Judge”

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Justify Full

CONDEMNED prisoner, Hamza Al-Mustapha was shocked beyond marrows when a Lagos High Court found him guilty of the assassination of late Kudirat Abiola, wife of presumed winner of June 12, 1993 presidential election, Moshood Kashimawo Abiola.

Mustapha then warned that if he is eventually killed, his spirit will confront the Judge who passed the death sentence on him because he is innocent, according to him. Kudirat was killed on June 4, 1996, after her husband who is popularly known as M.K.O Abiola died in detention.

Competent sources told us that Mustapha was convinced that the court will set him free from his alleged offence that day and had concluded plans to re-join his family in Kano.

“When Justice Mojisola Dada of a Lagos High Court pronounced the death sentence on him, Mustapha thought he was an actor in a tragic-comical movie. He looked morose as he unconsciously fixed his gaze at the composed Judge. He tried to force a wry smile but it was obvious the convict was in deep pains.

Dada’s pronouncement was loud and clear: “Light shines in darkness and darkness comprehend it not. Those who shed innocent blood are those who fear death most. Therefore, according to section 3, 1 and 9 of the Criminal Code, you are guilty and should be dead by hanging. You shall be hanged until you are pronounced dead.”

Mustapha was said to have told fellow inmates at Kirikiri Maximum Security Prison that he could go home from the court on the day of judgment or probably return to pick up some of his important properties particularly some books he managed to sneak into the prison.

According to prison sources: “He was full of confidence that morning as he was preparing to leave for court, he greeted us warmly and assured us that he will be set free and in that case he could go home from the court or return to take some of his things, maybe his books he had said.”

we gathered that Mustapha was convinced that the evidence he gave during one of his previous appearances in which he accused some Yoruba leaders as being accomplices to Abiola’s death was enough to attest to his alleged innocence even in the case of Kudirat. “He basked in the false belief that he had convinced the trial Judge and had proved his case beyond reasonable doubt by providing the video tape of the visit of some Yoruba leaders to Aso Rock. You remember he alleged in his evidence that the influential personalities were financially induced to accept Abiola’s death as a done deal.

Mustapha had claimed that he enjoyed an intimate relationship with Abiola, he attended to his vital needs while in detention and saved him from being killed by the 1997 coup plotters who planned to take him away for execution. Mustapha had wondered why he could have killed the wife of a man he so much respected in his life time.

Islamists sentiment

The death sentence passed on Mustapha has inadvertently attracted a counter-death sentence from the Boko Haram Fundamental Islamic Sect. Boko Haram had stated in its reaction to the Mustapha case that it will kill any Nigerian Judge who is involved in passing death sentence against Mustapha.

“Should the Nigerian government dare carry out the sentence announced on Major Hamza Al-Mustapha (rtd) the full scale attacks will be expanded from Security Agencies and agents to the judiciary, from Police Stations to Courts and so on. All Chief Justices, High Court Judges and Appeal Court Judges should take note. The blood of Mustapha is the blood of Nigerian masses.”

Islamic clerics who spoke to our reporter criticised Boko Haram for dabbling into a purely criminal matter thereby betraying the group’s lack of respect for the rule of law and order.

“It shows the group contempt for other Nigerians who are no Hausa-Fulanis, the implication of Boko Haram’s thoughtless statement is that you can commit crime, kill other people as far as they are not Hausa-Fulanis. Boko Haram is not even sensitive because M.K.O Abiola and Kudirat were Muslim, unless they are insinuating that they were Yoruba Muslims. In that case it will be selective justice.

“The holy Koran does not support their stand on the Mustapha issue. The Koran admonishes us to respect human life, to abide by the rule of law and order. No one life is costly and that of the other cheap,” a Muslim from the South-west said, adding: “You know Boko Haram is an extremist group of unintelligent people who act out of impulse and lust for blood, it is not a real Islamic group. So, I appeal to the State and Federal government to beef up security around court judges to maintain their confidence.

The federal government should not take things for granted because Boko Haram’s statement is like a Fatuwa on Nigerian judges, though a conditional one. Although, I am not in support of death sentence on any one for that matter, no matter his offence, I believe in reasonable prison terms to save the purpose of reforming the person.”

The statement by Boko Haram violent Islamist sect, had spurred security agencies last week to begin investigation on an intelligence report that Mustapha may be one of the brains behind the formation of the group. The security is said to be studying the possibility that Mustapha is through some of his visitors in contact with the group whom he may consider as a weapon to cause crisis in the North for reasons of instability and reversion of power to the north: “You know Mustapha is an intelligence officer.

Such men by their training thinks ahead, they reason above ordinary people. It may be that Mustapha believes that instability will help his case as no one would want to approve his execution for security reason, and if a northerner becomes president again he may be granted state pardon, Yar’Adua would have done it if he did not die when the issue was about to be decided,” a security source said, adding: “Some people have been making uninformed comment on Mustapha’s 13 years trial. They are unaware that it was Mustapha who employed delayed trial in the case.

He deliberately challenged court procedures and sought for unnecessary injunctions. His strategy is that the case will not be concluded until a malleable president grants him state pardon or the public begin to sympathise with him and demand for his release from detention as it nearly happened.”

Security Agencies are said to be working on the clue that Mustapha intend to use the Boko Haram to intimidate the police and judiciary in his desperate attempt to secure his freedom.

“Boko Haram group is known to have broken into prisons and secured the release of their detained members, so security would immediately be beefed up in the prison were Mustapha is being detained and instruction will be giving for regular search to be conducted in the prison yard and on the inmates. Visitors to the prison will henceforth be thoroughly screened and their interaction with inmates more closely monitored,” a prison source said.

Condemned

sources said that when Mustapha returned to the prison yard after his conviction he was dawn cast and could hardly talk to anyone, though he was said to occasionally flashed a fleeting smile which faded away soonest. He was led to his new cell: the condemned men cell, which is being given a face lift. He was said to be sober initially when he came back from the court but later he mustered courage and began talking to some warders who came to carry a check on him.

“I will not die. I have told my lawyers to file for an appeal. I am confident of upturning my conviction at the Appeal Court or the Supreme Court. If I die for an offence I did not commit my spirit will fight the judge who condemned me to death and the government officials who approved the unjust sentence,” Mustapha was quoted as saying. He allegedly added: “But I am confident that I shall not die, I will live. I have the promise of Allah.”

Mustapha was said to have began another regime of hunger strike as soon as he returned to the prison from the court and has so far not yielded to the persuasion of the warders to eat some food. He is said to be constantly praying and counting his tasbiu. “Probably, he is not on hunger strike but merely fasting for spiritual strength. His wife and younger brother, Hadi, was around to see him at the weekend. It was a pathetic sight to behold. His wife was weeping profusely. I saw them at the gate but I am not sure they allowed them to see him,” a prison source said.

National Daily gathered that some mosque in the north have started praying for Mustapha’s safety just as political leaders like governors and emir have resolved to use their influence to secure reprieve for Mustapha. “They are just waiting for the Appeal Court to give her ruling on the death sentence before they do something to save him,” a source said.

Killer squad

Hamza Al-Mustapha was found guilty of allegedly using Sergeant Barnabas Msheila, a member of the assassination squad he allegedly controlled in the presidential villa where he served as the Chief Security Officer to the late Head of State, General Sani Abacha, to kill Alhaja Kudirat Abiola and M.K.O Abiola. During the trial Mustapha had admitted under cross examination, that the Abacha regime had para-military squad called “Special Strike Force (SSF) and specially trained-training Bodyguards known as “BG” that were used to contain or repel all aggressive or offence attacks on the government. The Strike Force was said to have been created by then National Security Board (NSB) on January 2, 1995 and began work in many of the same year.

SSF members with 80 members were trained in Libya while the Bodyguards which was made up 300 men where trained in North Korea.

Security Agencies are working hard to verify whether the present Boko Haram sect had in its membership, remnant of Al-Mustapha’s terrorist squad which unleashed violence on Abacha’s opponent.
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I was bribed to nail Al-Mustapha, says Katako

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One of the star witnesses in the murder case of Kudirat Abiola, Muhammad Abdul, also known as Katako, who during the trial testified against Major Hamza Al-Mustapha, on Thursday, said that he was bribed by the government to lie, and that Al-Mustapha is innocent.

Katako made the startling revelation in an interview with the Hausa service of Radio France International (RFI), monitored in Abuja.

“Yes, I lied. But I later reflected on my life and what I will meet in the hereafter. Whatever financial reward one gets here for giving false testimony, one will one day definitely die. So, I realised that what I was doing was mortgaging my hereafter, and went back to the court and told them that I lied,” he said.

Asked why he gave the false testimony in the first instance, Katako said, “I was promised so many things. But let me clarify something first. When I was arrested, my case had nothing to do with Major Al-Mustapha. I was arrested concerning the issue of Mohammed Sani Abacha. They told me they wanted to recover some money from him and they promised me 10 per cent of whatever they will recover, plus a house at any place of my choice. After convicting him, they will also take me to any country of my choice.

“Then later, they brought Al-Mustapha’s case, read all the charges against him and told me what to say when I am taken to court. That was how I found myself among the witnesses introduced in court,” he said.

Katako said he now regrets his action, because as a Muslim, he was supposed to be a good person, not the cause of someone’s pains or death.

“But even though I went back to the court earlier and said that I lied, still the court decided to discard my second testimony and based its judgment on the lies I told earlier. That’s why I now want everybody to know the real truth, through other means,” he said.

Asked if the lofty promises made to him were fulfilled, he said: “Only one promise was fulfilled. They bought me a house in Jos,” he said.

He however added that it was not because of the unfulfilled promises that he was spilling the beans, because even if the rest were fulfilled, he will not accept anything from them now.

“My conscience is pricking me; that’s because of my false testimony against an innocent person. That person is now facing death by hanging. If he is killed, his blood is in my hands; and no matter how long I live, one day I must die.

“So, I want the world to know that he is innocent” , Katako concluded.

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The judgment that nailed Al-Mustapha

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In 1998 when they were arrested for interogation by the Special Investigative Panel, SPI, hardly did they realised that was the beginning of an end. Major Hamza Al-Mustapha, a former Chief Security Officer, CSO, to the late Head of State, General Sani Abacha was one of the many people invited for interogation over several criminal activities perpatrated during Abacha’s regime.

However, among the cases that attracted public outcry and eventual prosecution was the murder of Alhaja Kudirat Abiola, the wife of the late politician and presumed winner of the June 12, 1993 presidential election, Chief M.K.O. Abiola.

Prior to the death of Abacha, Al-Mustapha as his CSO was very powerful. The death sentence verdict passed on him started moment he was arraingned before an Ikeja High Court in December 1999.

Specifically, after the state amended the four-count charge earlier preffered against Al-Mustapha and four others including Mohammed, son of the late Head of State, Al-Mustapha was charged on a two-count charge of conspiracy and murder of Kudirat.

The charge read in part, : “Statement of Offence -1st Count

“Conspiracy to commit murder contrary to Section 324 of the Criminal Code Cap 32 Laws of Lagos State 1994. Particulars of Offence Hamza Al- Mustapha, Mohammed Rabo Lawal, Mohammed Sani Abacha, Lateef Shofolahan between 1995 and June 1996, at Ikeja Judicial Division conspired to murder Kudirat Abiola.

Statementof Offence-2ndCount

“Murder contrary to Section 319 (1) of the Criminal Code, Cap 32, Laws of Lagos State 1994. Particulars of Offence Hamza Al-Mustapha, Rabo Lawal, Mohammed Sani Abacha and Lateef Shofolahan on or about the 4th day of June, 1996 along Lagos/Ibadan Expressway opposite Cargo Vision, Ikeja in the Ikeja Judicial Division murdered one Kudirat Abiola.”

The then Lagos State Attorney General, Prof. Yemi Osibajo, SAN, led the team of the prosecutors while the defence team was also led by the current President of the Nigeria Bar Association, NBA, Mr. Joseph Daudu, SAN.
To get to the root of the murder, the state commenced the trial before Justice Morenikeji Dada who in July, 2011 ruled on a no-case-submission by the defence, acquitted one of the accused, Rabo Lawal on the ground that the prosecution could not establish his involvement in the crime.

However, full trial resumed with prosecution witnesses given account of what they knew about the gruesome murder of the late Kudirat. But, the 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 whole murder was perfected.

As part of their testimonies earlier, they 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.

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.”
After the written submissions by parties on their case, the court fixed a January date to deliver its judgment.

Last Monday, the verdict of the court was however unpredictable except the anxiety created by the trial Judge, Justice Dada who earlier told counsel about the volumes of her judgment, stating it may take the whole day to read it. She was equally moving in and out of her chambers for upward of three times, creating a sense that the day may be a different one.

After reviewing arguments of the counsel, she began her judgment. The Judge started by dealing with some naughty issues relating to the evidence in chief given by the prosecution Witnesses 1 and 2, ( Sgt Rogers and Katako) where they earlier established that on the instruction of their principal, Major Al-Mustapha, they came to Lagos and killed Kudirat.

But under Cross-examination they recanted and said they knew nothing about the killing and that they were lured by the state represented by the state Attorney-general and the Attorney General of the Federation, AGF to say what they said in their evidence-in-chief and as contained in their statements to the Special Investigative Panel, SIP.

Also, Al-Mustapha denied ever sending anybody on emissary to kill Kudirat and that all the charges preffered against him were an attempt to nail him by all means by some Nigerians including former Head of State, Gen. Abdusalami Abubakar. He added that Rogers was induced to implicate him.

Sofolahan in his own case denied ever having any close relationship with Late M.K.O. Abiola’s family except when he worked as protocol officer at the ‘Hope 93’ , campaing organisation of M.K.O. Abiola. He added that all his statements to the SIP, subsequently used in court were made under duress and were written by the investigators for him to sign.

The judge in her findings stated that it was evident that the statements of the prosecution witnesses as well as that of the defendants were not contested by the defence during trial while they were being tendered. She noted that the statements were outright facts of what transpired between the PW1 and PW 2 as well as the two defendants.

Specifically on Sofolahan and Al-Mustapha, the court stated, “they both lied in saying they never met but they only met for the 1st time during the Abacha 1 million man march in Abuja. The two defendants have agreed to work together. Exhibits ‘D1, D2’ cannot be product of SIP as alleged.”

According to her, “the evidence before the court against Mustapha and Shofolahan was very strong and manifestly reliable and their defense was an afterthought which failed to persuade the court to otherwise conclude.”

She stated, “Apart from what the court saw, the verbatim recording also assisted the court; their retraction was not enough to invalidate their earlier statements made under oath. The fact that they were discharged and acquitted in the sister case by the Court of Appeal is not a magic-wand on the court because each case has its own peculiar nature,” the court held.

On Jabila’s statement, Justice Dada stated, “Sgt Jabilla was not an ordinary witness but rather a self-confessed killer who was ready to kill for the state hence he was surprised when he was arrested and interrogated by the SIP.”

She concluded that the contradictions in the evidence of the principal witnesses did not vituate the fact of the case.
“The fact that the PW2 and PW3 denied what they had earlier told the court does not make their initial statements incredible. The duty of the court is to discover the truth in accordance with the provisions of the law. ”

She said, “ Contradictions in the testimonies of two of the prosecution witnesses did not seriously affect their evidence before the court as they maintained throughout their testimony that they killed the victim and that they were send by Al-Mustapha to carry out the act.”

She added that the defendants lied all thorugh their defence. Dealing with Al-Mustapha denial, the court held, “The statement of the 1st defendant in court was that his sole responsibility was to safe guard the government of Abacha and his family at all cost. This shows that he felt obligated to silence any perceived opposing voice to the administration.”

“He admitted in court that he set up an anti-terrorist force called Strike Force in 1995 to protect his boss against enemies of the government and that he send Rabo Lawal to Lagos to monitor the activities of NADECO.

“He carried himself in such a way as if no one can touch him. The documents and video in his procession showed how powerful he was. In considering the compelling evidence, it is clear that she (Kudirat) was murdered by the government of the day because of her role in demanding for the release and restoration of her husband’s mandate.” The court added.
She noted that the claim by Al-Mustapha that he was being victimised was not genuine.

“The allegation of torture by the 1stdefendant is nothing but fallacy. Even by the name, Strike Force and the anti-terrorism job, it is billed to strike with force any opposition to government of that time.”

“Having not denied his signature in Exhibit A2, he (Al-Mustapha) said he gave his arms to PW2 for cleaning. This is an after-thought and it is evident that he indeed gave PW2 his arms. The allegations of promises made to the prosecution witnesses were never substantiated before the court.”

The court concluded that, “The first defendant, (Al-Mustapha) magnified himself and thought nobody could touch him. He was bitter that after the death of Abacha he was not made the Chief Security Officer (CSO) by General Abdulsalami Abubakar.”

Castigating Sofolahan for his roles in the murder of Kudirat, the court have this to say, “The 2nd defendant was a willing tool, he was like Judas Iscariot who betrayed Lord Jesus Christ. It was his greed that led him to Sheriki Shasha who took him to the 1st defendant, Al- Mustapha, it was his greed that made him participated actively in the two-millionman march in Abuja in favour of the government of the day. He is a blood thirsty traitor, the fact that he made people to laugh in court while giving his evidence was a facade that he deliberately sacrificed Alhaja Kudirat Abiola.”

She noted that there were facts that he travelled with Sarkin Sasa to meet with Al-Mustapha as well as sleeping in same hotel with Sarkin Sasa in Abuja in anticipation to meet the former CSO.

“Not long after the death of his boss, he began to romance with Abacha government and engaged in a two-million man match in Abuja in support of Abacha. He was a viper, whose employers did not know while habouring him in the house. He showed them the picture of Kudirat and quietly sneaked away. He deliberately sacrificed Kudirat Abiola for the purpose of achieving his personal gains.”

Concluding her judgement, Justice Dada stated, “By virtue of Section 319 of the Criminal Code Laws of Lagos State, the defendants, Major Hamzat Al-mustapha and Alhaji Lateef Shofolahan are accordingly sentenced to death by hanging until they are pronounced dead. “May the lord have mercy on your souls.”
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