Showing posts with label kudirat abiola gist. Show all posts
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”If I die, my spirit will fight the Judge”

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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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B-r-e-a-k-i-n-g N-e-w-s : Al-Mustapha, Shofolahan to die by hanging

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Embattled former Chief Security Officer, CSO, to late Head of State, General Sani Abacha, Major Hamzat Al-Mustapha and a protocol officer in the MKO Abiola campaign organisation, Alhaji Lateef Shofolahan, today, at the Lagos High Court sitting in Igbosere, were sentenced to death by hanging for the conspiracy to murder and murder charge preferred against them.


Justice Mojisala Dada of Lagos High Court sitting in Igbosere delivered the judgment Monday afternoon.

Details later.
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KUDIRAT’S MURDER: Judgment day beckons on Al-Mustapha, Sofolahan

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Major Hamza al-Mustapha, former chief security officer to the late General Sani Abacha, and a co-accused to know fate over the killing of the late Kudirat Abiola.

Twelve years ago when they were arraigned before a Lagos State High Court sitting in Ikeja over alleged complicity in the murder of Alhaja Kuditrat Abiola, the wife of the billionaire businessman cum politician, Bashorun M.K.O. Abiola, it appeared that judgment in the case will not come.

However, tomorrow will be a significant day for the nation’s judiciary as well as the family of the late Kudirat Abiola, Major Hamza Al-Mustapha and his co-accused, Alhaji Lateef Sofolahan, when Justice Mojisola Dada, sitting in High Court, Lagos Division, will deliver judgment on the controversial case. Whichever way the pendulum of the judgment swings, it will either add more injuries to the 12 years Al-Mustapha and his co-accused have spent in prison or make them free men.

The duo of Al-Mustapha and Sofolahan had earlier been accused of complicity in the murder of Kudirat alongside Mohammed Abacha, son of the late head of state, General Sani Abacha, and former head of Mopol in Aso Rock, ASP Mohammed Rabo Lawal.

They were arraigned alongside former Chief of the Army Staff (COAS), Gen. Ishaya Bamaiyi (rtd), the former Lagos State police boss, Mr. James Danbaba and Lt Col Jibrin Bala Yakubu, former military administrator of Zamfara State in another criminal charge of attempting to snuff life out of the late Guardian publisher, Mr. Alex Ibru, and a former commissioner for sports in Delta State, Mr. Isaac Porbeni, in 1996.

Before then, Al-Mustapha, Sofolahan, Mohammed Abacha and Rabo Lawal had been charged before an Ikeja Chief Magistrates’ Court in December 1999 and the court ordered them to be remanded in custody pending their formal arraignment at the High Court. When the state eventually established a prima-facie case against them, a four-count charge of “conspiracy and murder of Alhaja Abiola on June 4, 1996 along the Lagos/ Ibadan Expressway, Lagos toll gate, opposite Cargo Vision, Ikeja in Lagos” was preferred against them.

The charge No ID/43c/99 read: “At the Criminal Division of the High Court of Lagos State holden at Ikeja on the …. day of ….1999, the court is informed by the Attorney General on behalf of the State that: Hamza Al-Mustapha (m) Mohammed Rabo Lawal (m) Mohammed Sani Abacha (m) Alhaji Lateef Shofolahan (m) are charged with the following offences:

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.

Statement of Offence -3rd Count “Accessory after the fact of murder contrary to Section 322 of the Criminal Code, Cap 32, Laws of Lagos State, 1994. Particulars of Offence Mohammed Sani Abacha sometime in 1999 knowing Mohammed Abdul (a.k.a Katako) to have murdered Kudirat Abiola in the Ikeja Judicial Division gave him various sums of money with intent to facilitate their escape from arrest and prosecution.

Statement of Offence- 4th count “Accessory after the fact to murder contrary to Section 322 of the Criminal Code, Cap 32 Laws of Lagos State 1994. Particulars of Offence – 4th count Mohammed Sani Abacha sometime in 1999 knowing Aminu Mohammed to have murdered Kudirat Abiola in the Ikeja Judicial Division gave him various sums of money with intent to facilitate their escape from arrest and prosecution.”

When the charges were read to them before Justice Kudirat Kekere-Ekun, then of the Ikeja High Court, they all pleaded not guilty, which eventually set the stage for the trial.

Of course, the then Lagos State Attorney General, Prof. Yemi Osibajo, SAN, led the team of the prosecutors, supported by the then Director of Public Prosecution, DPP, Mr. Fola Arthur-Worrey, and other lawyers from Lagos State ministry of justice.

The defence team was led by the current president of the Nigeria Bar Association, NBA, Mr. Joseph Daudu, SAN, a former Minister of Solid Minerals, Alhaji Ali Kaloma, Messrs . Bala Ibn Na’Allah and Yakubu Mik’yau.

But no sooner than the case started when it began to suffer hitches. The defence brought a motion on notice asking the court to quash all the four counts and statements of offences purportedly filed before the court against Mohammed Abacha, one of the accused.

They hinged their application on the premise that the proof of evidence did not disclose a prima facie case against Mohammed requiring him to stand trial before the High Court on any of the charges. In her ruling, Justice Kekere-Ekun turned down the application and held that the accused person had a case to answer.

This led to an appeal lodged before the Lagos Division of the Appeal Court. The appellate court affirmed the decision of the lower court that there were sufficient facts and inferences in the proof of evidence upon which Mohammed could be linked to the offences preferred against him.

Not satisfied, Abacha proceeded to the Supreme Court, which set him free. In its judgment of July 11, 2002, the Supreme Court unanimously quashed the information preferred against Mohammed. As if the other accused persons should be left off-hook after Mohammed was released, they started filling applications aiming at creating holes in the amended charges filed against them by the state.

But the state courageously continued with the trial until sometime in July last year when the trial jdge, Justice Dada, while ruling on a no-case-submission by the defence, acquitted one of the accused, Rabo Lawal, on the grounds that the prosecution could not establish his involvement in the crime.

Subsequently, the case suffered so much delay to the detriment of the accused persons who continued to languish in detention and the family of Abiola waiting for justice to take its course over the gruesome murder of their mother.

Then 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 crime was perfected. 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.

Jabila, a member of the special security outfit established to protect Abacha and his family, had also confirmed he shot at 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 June 4, 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 many 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 further 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 one 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 August 17, 2011, which almost turned the court into a theater, 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. He claimed he only heard about the woman’s death from media reports while denying knowledge that she was shot dead on June 4, 1996, but said he only learnt she died in her car.

Speaking about his relationship with the Abiola family, he said he only served as a protocol officer in the late Chief Abiola’s campaign organization in 1993.

He, however, told the court how he worked for the transmutation agenda of the late General Abacha while Abiola was in custody. He also said he later worked in 1998 with the campaign organization set up by former President Olusegun Obasanjo.

Sequel to the adoption of the final written addresses on November 10, 2011 by the parties in the case, the prosecution argued it had proved its case beyond reasonable doubt and urged the court to convict the accused accordingly. The defence urged the court to acquit his clients on the grounds that the prosecution had failed to satisfactorily discharge the burden of proof placed on it by law.

Ojo, the lead defence counsel, who prepared a long list of citations to buttress his argument, said it was impossible for the court to find his clients guilt based on “the bunch of contradictory and unreliable evidence provided by the prosecution, particularly by its star witnesses, Jabila and Abdul.”

The lead prosecution counsel and Lagos State Solicitor General, Pedro, argued that, in proving conspiracy, it is immaterial that there should be direct communication between each conspirator and every other.

He added that the court could also reach a decision of conviction based on inference as against relying solely on direct evidence.He argued that though Jabila and Abdul recanted, having earlier admitted carrying out the murder on the order of Al-Mustapha, the court could still establish the accused persons culpability from the available circumstantial evidence.

On the issue of whether the prosecution had proved the charge of murder, the lawyer told the court he relied on Section 7 of the Criminal Code.

He submitted that it was immaterial for the accused persons to be present where Kudirat was shot or participated in the shooting for them to be guilty of the offence.

According to him, what was material was the circumstantial evidence brought by the prosecution before the court. Pedro added that despite the argument by the defendants that prosecution’s key witnesses were inconsistent and unreliable, the court could still establish a guilt verdict against the accused persons.

In his 112- page reply, Ojo, counsel to the defendants, raised five issues for determination. First, he argued that the court had to find out whether or not Jabila and Abdul were credible and reliable witnesses, whose evidence could be accepted and relied upon by the court having regard to the contradictions and inconsistent evidence.

He drew the attention of the court to what it required of it to pass conviction on the defendants, since the law says, the prosecution must prove its case beyond reasonable doubt.

Also, he spoke on what evidential value the court could attach to the extra judicial statements made by the defendants and the extent to which they could be used by the court in the determination of the suit.

He maintained that since some of the evidence, especially statements obtained from the defendants were allegedly taken under duress, the court should discountenance them.

Without doubt, the ball is now in the court of Justice Dada who will sit in judgment to sieve the truth from the falsehood on the gruesome murder of Kudirat.
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