REASONS Why The Appelate Court Frees Almustapha The appellate court stated that there was a “gaping hole” in the prosecution’s case. First, its first witness, Ore Falomo, a medical doctor, testified that the bullet extracted from Mrs. Abiola’s skull was a “special bullet” that could have come “only” from the presidency. The victim died after a three-hour surgery to remove the bullet and after suffering a second heart attack. Mr. Falomo said that the police took away the bullet “for investigation” and never returned it. The appellate court noted that the prosecution failed to state the whereabouts of the bullet, get a ballistician to examine the bullet or tender it as an exhibit before the court. “The prosecution failed to produce the bullet, and there was no explanation as to why it was not available,” Mrs. Pemu said. Again, Mr. Jabila, during his testimony gave a vivid account of how they, acting on the orders of Mr. Al-Mustapha, trailed their victim from her Ikeja home to Lagos-Ibadan expressway where they sprayed her white Mercedes Benz with bullets. However, under cross-examination, the witness said he was in Abuja on June 4 but was asked to give such testimony as part of an agreement with the federal government and the Lagos State government. Mr. Jabila said that he was promised a job, house, and security. His wife had been on a N15, 000 monthly salary which was later increased to N20, 000. Mr. Jabila also said that Yemi Osibajo, the Lagos State Attorney General and the late Bola Ige, then Attorney General of the Federation, paid him repeated visits while in detention, with the latter giving him N100,000 on one occasion. Mr. Abdul, who had admitted being Mr. Jabila’s driver when the murder was committed, said he was made the same offers by the authorities including a promise that he would not be brought to court – but they reneged on their promise. When he recanted, Mr. Abdul said that he was in Azare, Bauchi State, on the day of the murder. “There was no explanation for this somersault,” said Mrs. Pemu. The prosecution’s fourth witness, Ahmed Fari, a retired Police Commissioner in charge of Budget, disappeared when it was time for his cross-examination. His absence renders his evidence and exhibits “of no relevance,” according to the appellate court. Mr. Al-Mustapha said that he was arrested in October, 1998 and initially accused of holding the late Mr. Abacha’s properties. After the charge could not stick, he said he was accused of gunrunning, and then planning a coup against the then Head of State, Abdulsalami Abubakar. Finally, in 2004, Mr. Al-Mustapha said that he was accused of planning to overthrow the Olusegun Obasanjo regime. He said that he was blackmailed by people “in high places” even though he had been cleared by all the 10 panels he faced. The appellate court said that although the prosecution’s first witness stated that it was the “fifth columnist” that killed Mrs. Abiola; he did not suggest any conspiracy involving Messrs Al-Mustapha and Sofolahan. The court further said that there was nothing to show that the police investigated Mrs. Abiola’s murder properly. “I wonder why PW2 (Mr. Jabila) was treated as a prosecution witness instead of charging him with murder,” Mrs. Pemu said. “In the face of all these, can it be said that the prosecution had proven its case beyond reasonable doubt?”
Posted on: Fri, 12 Jul 2013 20:25:42 +0000
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