TWIST IN ABACHA CSO’sCASE: Why Al-Mustapha, Shofolahan should die – Lagos govt... It is not yet uhuru for Major Hamza Al-Mustapha, former Chief Security Officer, CSO, to late Head of State, Gen Sani Abacha, over his acquittal by the Court of Appeal as Lagos State government on Monday, filed an appeal at the Supreme Court to challenge the court’s decision that set him and Alhaji Lateef Shofolahan free over the murder of Alhaja Kudirat Abiola. Shofolahan was Kudirat’s aide. The Attorney General and Commissioner for Justice, Mr. Ade Ipaye, who disclosed this, said the state government took the decision after one month of thorough evaluation of the judgment and found out “there are enough and very good grounds for appeal.” Maj. Al-Mustapha left, with former Kirikiri Prison Controller, Mr. Lorbee Ihiagh in Makurdi Ipaye told journalists in Lagos: “The step by the state government was to ensure that all issues were fully and well articulated and that the victim’s family, the defendants and the society were not deprived of the last window of opportunity provided by the constitution forthe resolution of the case”. He added, “Government was committed to ensuring that law abiding residents and visitors continued to live, work and pursue their various aspirations in a safe and secure environment in the state.” The Commissioner argued that the state wouldbe encouraging impunity by not challenging the judgment of the Appeal Court, especially when it stated that the delay in the criminal trial of Al-Mustapha, Sofolahan and others earlier freed were deliberately ochestrated to frustrate their trial. He said: “I can report that we have indeed appealed the judgments, one in respect of Al-Mustapha and the other in respect of Lateef Shofolahan. Both have been studied closely and we came to the conclusion that there were good grounds for appeal and we have since filed all the necessary papers. We did thatyesterday (Monday). Officially, we have put in our indication that wewant to contest the judgment of the Court of Appeal at the Supreme Court. “This step will also ensure that all issues are fully articulated and the victim’s family, the defendants and the society are not deprived ofthe last window of opportunity provided by the Constitution for the resolution of the case.” Loopholes Answering question on the admissibility of loopholes in a paid advert, Ipaye denied this, but stated, “What we said was that the accused persons deliberately delayed the trial and this may have affected the case, because justice delayed is justice denied. This is one of the major reasons we are challenging the judgment of the Honorable Justices of the Appeal Court. It will discourage sense of impunity that if someone can deliberately delayed his own case, he may eventually escape justice. This will not be good for justice delivery, our democracy and the nation.” Also, the Commissioner addressed several issues including the controversial relocation ofsome Igbo indigenes from Lagos State, detention of someminors in Kirikiri prisons and the Amnesty International’s report on Badia area of Lagos State. Kudirat Abiola was murdered on June 4, 1996 by gunmen suspected to be government’s agents following which Al-Mustapha and Shofolahan were charged. Three other persons-Mr James Danbaba, an ex-Lagos police boss, Lt Col. Jibrin Bala Yakubu,former military administrator of Zamfara State and commander of Mopol in the Presidential Villa, and CSP Mohammed Rabo Lawal also stood trial in the case before they were freed. In the appeal, Lagos State government formulated14 issues before the Supreme Courtto justify why the apex court should set aside the decision of the Appeal Court.In separate motions on notice filed against the judgement of the appellate court, the state formulated eight and six issues against Shofolahan and Al-Mustapha respectively. The motion was brought pursuant to section 233(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Section 27(2 and 3) of theSupreme Court Act, Cap S15, Laws of the Federation of Nigeria, 2004, Order 7 Rule 1 of the Court of Appeal Rules 2011 and under the inherent jurisdiction of the court. It prayed the apex court to set aside the judgement of the Appeal court, which upturned the conviction of the respondents bya lower court presided by Justice Mojisola Dada of the Lagos High Court on January 30, 2012. The lower court sentenced Al-Mustapha and Shofolahan to death by hanging for the murder of Kudirat. Evidence The state argued that the appellate court erredin law by discharging and acquitting the two men when the evidence linking them to the crime was not materially challenged.
Posted on: Sun, 18 Aug 2013 08:00:28 +0000
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