- How he was nailed
- How Sergent Rogers put him in tight corner
- May get reprieve at upper courts
- Mixed reactions trail ruling
From Richard Ihediwa, Abuja & Francis Iwuchukwu, Lagos
It came like a thunder bolt. The day was January, 30, 2012. A Lagos High Court presided over by Justice Mojisola Dada rattled the nation when it pronounced a death sentence on the Chief Security Officer to late General Sani Abacha; Major Hamza Al-Mustapha and former protocol officer in the campaign organisation of late Chief MKO Abiola, Alhaji Lateef Shofolahan.
In a judgment that lasted nearly seven hours from 9:58 am to 5:45 pm, Justice Dada found both men guilty and sentenced them to death by hanging for allegedly having hands in the killing of Alhaja Kuditrat Abiola, wife of the late billionaire businessman cum politician, Bashorun M.K.O. Abiola.
On June 4, 1996 along the Lagos-Ibadan Expressway, Lagos toll gate, opposite Cargo Vision, Ikeja in Lagos, Kudirat, who was championing the struggle and campaigns to protest the death of her husband in Abacha custody was shot and killed in her white Mercedes Benz car by maskedmen leading many to suspect then that the state had a hand in the killing.
The killing had sparked off protests in Lagos and few other cities in the South West especially as it was thought to have been masterminded by the state to quieten the agitations for the unravelling of the circumstances surrounding Abiola’s death.
At the wake of the incidence, pro-democracy groups especially those in the family of the National Democracy Coalition (NADECO) have been seeking justice against not only those who pulled the trigger but also those who gave the orders.
Eventually, accusing fingers were pointed and investigations by the state led to the arrest and prosecution of Al-Mustapha, Shofolahan, Sergeant Barnabas Jabila (aka Rogers) and Mohammed Abacha, son of the late Military leader.
While Jabila, who confessed that he pulled the trigger, became one of the principal witnesses that laid heaps of accusations against Al-Mustapha and Shofolahan, Abacha was released for want of evidence to link him with the killing leaving Al-Mustapha and Shofolahan in the long journey through the valley of the shadow of death.
While Jabila is now a free man, his statements in which he averred that Al-Mustapha gave him the weapons, while Shofolahan supplied the necessary information on the target had principally led to the conviction of the two men.
Their conviction came at a time many people thought he would be freed even as some sympathisers have been mounting pressure through the media for his release. But the judge thought otherwise and nailed the two men even with a barrage of supporters seeking their release outside the premises of the court.
The idea that the men would be freed came against the background of perceived lapses the defence felt were inherent in the testimonies of witnesses. While being cross-examined by the defence counsel, the witnesses changed their stories. Both of them said they were compelled to lie by the investigating authorities who had promised them some gratification which included houses, foreign posting, among others.
With this, the defence team, was almost sure if not certain that the accused persons would go scot free especially as Justice Mufutau Olokoba of a Lagos High Court had acquitted and discharged Al-Mustapha, Mohammed Rabo-Lawal, Jubril Yakubu and James Danbaba who were being tried for an attempted murder of the late publisher of the Guardian newspapers, Mr. Alex Ibru. Justice Olokoba had in his ruling on that case held that the state had not made a prima facie case against the defendants since the prosecution witnesses had recanted their earlier testimonies which linked them to the alleged crime.
But in the case of Kudirat, the trial court thought otherwise and sentenced the accused persons.
However, as their detractors relish in their latest ordeal, Al-Mustapha and Shofolahan are now heading to the upper court in a desperate effort to remain alive and there appears to be some optimism among the defence and Al-Mustapha’s supporters that they will get reprieve.
Their trouble and struggle to escape the hangman’s noose started 13 years ago when they were arraigned over alleged complicity in Kudirat’s death.
In the last 13 years, Al-Mustapha and his co-traveller have been going through the needle eye of legal fireworks as prosecution and defence engage in a battle that would see them either marching triumphantly home or forlorn to the cold and iron fist of the hangman.
By every indication, Al-Mustapha’s case attracted a lot of public interests as Al-Mustapha himself used the dock to raise some other controversial issues concerning some very powerful persons in the country.
In fact some Al-Mustapha supporters believe that some of those who fear that he has certain information wanted him out of circulation.
However, in the end, such issues appeared not to have counted as the court nailed Al-Mustapha and his co- traveller for allegedly masterminding the killing of Abiola’s wife.
When the state eventually established a prima-facie case against them, a four-count charge of “conspiracy and murder of Alhaja Kudirat Abiola on June 4, 1996 along the Lagos-Ibadan Expressway, Lagos toll gate, opposite Cargo Vision, Ikeja in Lagos” was preferred against them.
They pleaded not guilty to the charges before Justice Kudirat Kekere-Ekun, then of the Ikeja High Court which set the stage for the trial. Mohammed Abacha, one of the accused persons was however set free from the matter and the charges against him quashed.
The then Lagos State Attorney General and Commissioner for Justice, Professor 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.
Then the state’s key witnesses, Sergeant Barnabas Jabila (aka Rogers), and another soldier, Mohammed Abdul (aka Katako) told the court that Sofolahan, acting as Kudirat’s aide, gave them information on her itinery, which aided them in accomplishing their task of eliminating her.
Jabila confessed that 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 in Abuja who gave him some bags containing guns, and briefed on “a special assignment”. Jabilla also said Sofolahan’s information aided them in trailing Kudirat until he shot her.
Jabila’s confession caused ripples of anger across the nation with many instantly calling for Al-Mustapha’s head. However, some observers raised issues on the confession seeing them as looking more like an orchestrated performance which might not have a concrete factual basis.
In his defence, Al-Mustapha who witnessed for himself, denied all the allegations against him. Al-Mustapha, who earlier testified not to have tortured anyone in his life, later admitted, during cross-examination, that he tortured one Turner Ogboru and admitted that, as trained military personnel, he could take lives in public interest.
In his own testimony on August 17, 2011, Sofolahan, the third and last defendant also denied involvement in the offences for which he was accused.
He denied ever working for any member of the Abiola family or was a personal assistant to Kudirat. He averred that he only heard about the woman’s death from media reports that she died in her car.
Parties adopted their final written addresses on November 10, 2011. In its submission, the defence urged the court to acquit the accused on the grounds that the prosecution had failed to satisfactorily discharge the burden of proof placed on it by law.
In his 112-page reply, Olakekan 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 evidences which he insisted had series of contradictions and inconsistencies.
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.
Ojo maintained that since some of the evidence, especially statements obtained from the defendants were allegedly taken under duress, the court should discountenance them.
In spite of the submissions of the defence team, the court found merit in the arguments of the prosecution, declaring that both men should be hanged until they are confirmed dead.
Ruling, Justice Dada held that the said contradictions in the evidences of Jabila and Abdul were immaterial and maintained that her decision was based on what she described as overwhelming evidences against Al-Mustapha and Shofolahan.
Justice Dada had in her judgment held that the retraction made by Jabilla and Abdul did not cancel their earlier testimony. She said that the retraction was even false adding that some of the words said by Jabilla and Abdul during the recant of their earlier testimonies were those put in their mouth by the defence team who appeared to have been trailing and stalking them.
The judge held that it was clear to the court that Al-Mustapha recruited Jabilla, gave him a gun and provided logistics for him and his team to travel from Abuja to Lagos to meet Shofolahan who provided information on late Kudirat.
She said the fact that Al-Mustapha in his evidence- in-chief admitted that he might have given his gun to Sgt Rogers for cleaning concurred with Jabilla’s testimony that Al-Mustapha provided a special gun that was used in the assassination of Kudirat.
She said that the earlier statements made by the two witnesses were too convincing to be brushed-aside as mere fabrications. Justice Dada further observed that Al-Mustapha in his evidence showed that he was willing to do anything in order to protect the seat of power in Abuja even if it meant killing those who were seen as enemies of the government, like Kudirat.
The judge went ahead to describe Shofolahan as a greedy traitor and a viper. She maintained that it was Shofolahan’s greed that led him to Seriki Shasha who took him to Al-Mustapha and that made him participate actively in the 2-million-man march in favour of the government of the day.
“He (Shofolahan ) 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 said.
She sentenced them to death by hanging over the assassination of Alhaja Kudirat Abiola, wife of the late Chief Abiola.
Following their insistence that the trial court erred in its ruling, the two men appealed against the judgment within 24 hours before the Lagos Division of the Court of Appeal. They described the judgment of the lower court as, "unreasonable, unwarranted and cannot be supported, having regard to the totality of evidence before the trial court".
They both raised five grounds of appeal and prayed the appellate court to set aside the lower court’s decision. They urged the court to discharge and acquit them on the two counts of conspiracy and murder on which they were convicted.
In the appeal document, Sofolahan and Al-Mustapha argued that the trial judge erred in law by holding that the contradictions in the evidence by Barnabas Jabila Mshelia (Rogers) and Mohammed Abdul (Katako) were immaterial.
They contended that the said contradiction in both witnesses’ evidence, which resulted from their recantation, were manifestly a disparagement of their evidence.
Their second ground of appeal was that the judge erred when she relied on the evidence of the first prosecution witness, Ore Falomo, a medical doctor, to the effect that the bullet extracted from the late Kudirat was a special one, not commonly seen.
They queried the judge’s decision to rely on the information by Falomo, knowing that he (Falomo) is neither a Ballistician nor an expert in that field of science.
In ground three, the appellants accused the judge of bias against them by allegedly rejecting portions of Rogers’ and Katako’s testimonies that favoured them, but accepted and relied on the portions that were unfavourable to them.
They also argued that the judge erred in law by treating the contents of their extra-judicial statements as true without first, subjecting them to the necessary tests.
Currently, Al-Mustapha’s hope live will be based on the disposition and decision of the Appeal Court in Lagos. There is a wave of optimism on the side of his sympathisers that he might get reprieve as the appellate court is expected to take a second and thorough look at the issues and evidences tabled before the trial court and how that court arrived at its decision that the men should be hanged.
The optimism is heightened based on the fact that even if reprieve did not come from the appellate court, the accused also have the rights to head to the Supreme Court for the determination of the issues in the case.
However, for now, whether,Al-Mustapha and Shofolahan get reprieve of any sort is largely a matter of conjecture as the court will have the final say even in the face of placard bearing supporters as was the case at the trial court.
The conviction of Al-Mustapha and Shofolahan by the Lagos court have been trailed by mixed reactions. While the pro-Kudirat elements hail it, other groups have condemned it.
In spite of the appeal, the family of the late Kudirat Abiola; a chief of the Pan Yoruba socio-political organisation, Afenifere, Chief Ayo Adebanjo; Governor Kayode Fayemi of Ekiti State; former Ogun State Governor, Chief Segun Osoba; and the President, Campaign for Democracy, Dr. Joe Okei-Odumakin, have hailed the judgment.
The daughter of the late Kudirat, Hafsat Abiola-Costello, described the judgment as good news for Nigerians as it sends a message that people who abuse power will not be able to get away with it.’’
On the other hand, the Arewa Youth Consultative Forum (AYCF) condemned the judgment. Its President, Alhaji Yerima Shetima said, the sentence was not justifiable, adding that there was nothing connecting Al-Mustapha to the murder.
“He was incarcerated for years in jail for want of evidence. How can they justify this sentence?” he queried.
Also reacting to the ruling, the dreaded Boko Haram sect has dared the government to carry out the judgment even as it threatened to widen the scope of their operations. The sect said once the death sentence was executed, it would extend its attack to judges and courts across the country.
The group’s spokesman, Abul Qaqa, was quoted to have said in a statement that, “Should the Nigerian government dare carry out the sentence announced on Major Hamzat 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.
Also reacting to the ruling, leader of the Niger Delta Volunteers Force, Mujahid Dokubo-Asari said Al-Mustapha must not be executed.
Dokubo-Asari insinuated that the decision to sentence Al-Mustapha to death at this period was meant to destabilise the administration of President Goodluck Jonathan. He said that during past administrations, those trying Al-Mustapha could not get a conviction, asking why it was now that Jonathan was in power that they were able to do so.
Also commenting on the ruling, the Founder and National Co-ordinator of Voice of the People, a Non- Governmental Organization (NGO), Steve Orji prayed President Goodluck Jonathan to use his fiat to free Al-Mustapha. He said if the judgment is upheld, it will cause more crises in the country.
Orji maintained that the country is sitting on a keg of gun powder and that if the former aide is killed, it will not only heat up the polity but intensify more problems for President Jonathan administration.
He said the case has been on for over 16 years and added that the blunders of the old military regime should be allowed to sleep especially now that democracy has come to stay in the country.
Be that as it may, Al-Mustapha and Shofolahan are now on death row with their fate hanging loosely on the decision of the upper court. Sooner or later, the final verdict would be made.
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