Lagos insists al-Mustapha, Shofolahan killed Kudirat

The Lagos State Government insists that the judgment of the Court of Appeal, which freed Maj. Hamza al-Mustapha and Lateef Shofolahan, who were accused of killing Kudirat Abiola, is “perverse and a miscarriage of justice.”

Justice Mojisola Dada of the Lagos High Court on January 30, 2012, sentenced al-Mustapha and Shofolahan to death by hanging for allegedly killing Kudirat. Their trial lasted for about 13 years.

However, the Appeal Court in Lagos headed by Amina Augie on July 12, 2013, set aside the judgment.

Al-Mustapha was the Chief Security Officer to the late Head of State, Gen. Sani Abacha, while Shofolahan was the personal assistant to Kudirat.

The murder of Kudirat, wife of the acclaimed winner of the June 12, 1993 presidential election, Chief MKO Abiola, took place in Lagos on June 4, 1996.

In the copies of the appeal notices filed on Monday and obtained by our correspondent on Wednesday, the Lagos State Government urged the Supreme Court to affirm the death penalty passed on the accused persons by the State High Court.

The state, through its Attorney-General and Commissioner for Justice, Mr. Ade Ipaye, backed its case against al-Mustapha’s acquittal with six grounds of appeal and that of Shofolahan with eight grounds.

Ipaye said contrary to the decision of the Court of Appeal, the contradictions in the testimonies of the prosecution witnesses – Sgt. Barnabas Jabila (Sgt. Rogers) and Abdul Mohammed (Katako) – were “immaterial” and ought not be basis for upturning the judgment of the high court.

He said the testimonies of Jabila and Mohammed were “detailed, graphic and consistent” and not “materially” disputed “even under cross-examination.”

Jabila, in his written statement and oral testimony, confessed to firing the bullet, which killed Kudirat, and Mohammed admitted to driving the car with which the killers used to trail the deceased.

However, the duo later denied participating in the killing.

Defending the trial court’s judgment, Ipaye said the Court of Appeal erred when it held that there was no evidence “whether direct or circumstantial” which incriminated al-Mustapha and Shofolahan in the crime.

He said, “There is uncontroverted evidence of PW2 (Mohammed) and concurrence evidence of DW1 (first defence witness, al-Mustapha) that the Strike Force constituted under the military regime of the late Gen. Sani Abacha.

“PW2 testified that he was trained as a parashooter and deployed in ‘special assignments’ other than his official duty.

“The trial court made conclusive findings that DW1 admitted under cross-examination that he ordered surveillance of the National Democracy Coalition rally in Lagos, which was different from his official duty.

“There were unchallenged facts that members of NADECO had become subject and target for elimination because of their opposition to the military regime of Gen. Abacha; and that Alhaja Kudirat Abiola was an active member and campaigner for NADECO rally in Lagos.”



Source: Punch