An unidentified family member of Maj. Hamza Al-Mustapha cries after a court Verdict in Lagos, Nigeria, on Monday, Jan. 30, 2012. A federal judge in Nigeria on Monday sentenced to death the feared right-hand man to Nigeria's former military dictator over the 1996 killing of an opposition candidate's wife. Maj. Hamza Al-Mustapha sat without expression, slowly shaking his head "no," as the high court judge ordered him to be hanged over the killing of Kudirat Abiola. Al-Mustapha was found guilty of ordering a security agent to kill the wife of Moshood Abiola, a businessman widely believed to be the winner of an annulled 1993 presidential poll in Nigeria. Photo: Sunday Alamba, Associated Press / AP
Al-Mustapha to die for Kudirat’s murder
--- Abiola’s wife’s aide Sofolahan also to die by hanging --- Hafsat: it’s justice at last --- Abacha’s CSO to appeal sentence
THE sensational life of Hamza al-Mustapha, former Chief Security Officer (CSO) to the late Gen. Sani Abacha, crashed yesterday at a Lagos High Court.
He is to die by hanging for the murder of the late Chief Moshood Abiola’s wife, Kudirat.
Also sentenced to death by hanging is Lateef Sofolahan, the late Mrs Abiola’s aide.
Justice Mojisola Dada found them guilty of conspiracy and murder of the late Mrs Abiola, who mounted a spirited opposition to the annulment of the June 12, 1993 election - Nigeria’s freest and fairest ever – which the late Abiola won.
The judge, in the judgment she read from 9. 50 am to 4.40 pm, held that the prosecution proved its case against the defendants beyond reasonable doubt.
The court punctured all the evidence by the defendants, describing them as afterthought and an attempt to wriggle out of a difficult situation.
“The prosecution’s evidence is manifestly reliable as having proved the ingredient of conspiracy and murder of the late Kudirat Abiola on June 4, 1996 against the defendants.
“The defendants are hereby sentenced to the mandatory sentence, according to Section 319 of the Criminal Code of Lagos State. They are to die by hanging until pronounced dead,” the judge held.
Justice Dada, who came down heavily on the defendants, described al-Mustapha as a liar and an individual who thought he was untouchable. She described Sofolahan as a leech and greedy individual, who willingly betrayed his benefactor.
The court held that al-Mustapha “felt obliged to silent any voice against the government of his boss”. “He manifested himself in such a way that he thought nobody could touch him.”
The judge described Sofolahan as “a willing tool, a gold digger, a
Judas Iscariot, who sold his master”.
“It is his greed that took him to Sarkin Sasa to fulfill his ambition to romance with government as a leader of delegation at the Abacha rally.
“Members of the Abiola family did not know they were habouring a viper, a friend in the open and an enemy in the secret. He deliberately sacrificed Alhaja Kudirat to meet his personal greed. Blood tasty traitor.
“It is amazing that those who shed blood are those who dread death most,” the judge said.
Justice Dada held that the claim by al-Mustapha that his schedule as the CSO was to repel, contain and manage any threat to the seat of power, the president and his family, a responsibility which informed the establishment of the Strike Force, supports the prosecution’s claim that the late Mrs Abiola was killed because she was perceived as a threat to the government.
On the videos showed in court about some pro-democracy leaders in Aso Villa, the court held that they were distractions and extraneous to the fact of the case. The court also held that all al-Mustapha’s evidence detailing events that occurred after Kudirat’s death were irrelevant to the case.
The court wondered how al-Mustapha knew that the late Chief Bola Ige was compensated with a ministerial appointment for the role he allegedly played in the events leading to Abiola’s death when he (al-Mustapha) was not a member of the Federal Executive Council.
On the defendants’ claim that they never conspired as they only met each other for the first time at the 100 million - man match in Abuja, the judge held that evidence by the prosecution proved otherwise.
She said the evidence by the second prosecution witness, Barnabas Jabila (Rogers), that al-Mustapha handed him a sophisticated weapon and that by first prosecution witness, Dr. Ore Falomo, that the bullet found on the deceased was a special bullet supported the claim of the prosecution.
Justice Dada, whose voice remained firm and strong, held that al-Mustapha’s claim that he handed Rogers his gun for cleaning after a gaming exercise was an afterthought.
On the defendants’ argument that the court should discountenance the evidence by Rogers and Katako on the ground that they recanted, the court, relying on the Principle of Remedial Law doctrine, held that the fact that the witnesses denied their earlier statement was not enough for the court to cancel them.
The judge held that it was for the court to compare and juxtapose the circumstances and motive behind the change of mind. The court will indiscriminately analyse the fact and circumstances under which the testimonies were made.
She held that the contradiction in the evidence of Katako and Rogers as regard when the killing actually took place was immaterial as the evidence by Falomo that the murder took place between 7am and 8 am gave credence to the fact that it occurred in the morning.
The court faulted al-Mustapha’s claim that his trial was part of the plan by the authorities to persecute him because of the sensitive documents and video recording. The court observed that since al-Mustapha did not say he legitimately obtained the video recordings he claimed to have sent to former President Olusegun Obasanjo, he obtained them illegitimately.
Justice Dada said the evidence before the court was weighty and showed that the duo conspired and killed Abiola on June 4, 1996, near the Ikeja end of the former Lagos-Ibadan Toll Gate.
The judge said that the prosecution proved beyond reasonable doubts that the duo met between March 1995 and June 4, 1996 to plot the murder of the pro-democracy campaigner.
She said that the court believed the evidence of the first prosecution witness, Barnabas Jabila (a.k.a. Sgt. Rogers), that the murder was plotted at the National Theatre, Iganmu, Lagos.
Dada also said that the court believed Jabila’s evidence that Al-Mustapha gave him (Jabila) his personal gun to shoot Mrs Abiola inside her white Mercedez Benz Beast, near the toll gate.
Justice Dada said: “The second defendant willingly handed over Kudirat Abiola to her killer. The court is a fact-finding tribunal which must be seen to be doing its work without any bias and ambiguity.
“The first and second defendants jointly agreed to kill Kudirat Abiola. The defendants are found guilty of conspiracy and murder.
“The evidence is so weighty that the court has no doubts. The defendants are, therefore, found guilty, as charged.
“The light shines in darkness and darkness comprehends it not. Those who shed blood are those who fear death most.
“The defendants are accordingly sentenced to death by hanging, until they are proved dead.”
The prosecution team led by the Solicitor-General of Lagos State Mr Lawal Pedro, expressed satisfaction at the judgment.
But the defence team, led by Mr Olalekan Ojo, said it would appeal against the judgment, which was delivered under tight security.
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Comments Page: 1 2 QUOTE:
I doubt it. It would be interesting if they attended to the judgement with the same alacrity shown a similar verdict concerning the late playwright Ken Saro-Wiwa. Don't rejoice just yet. The night is still early. Let the case works itself from the Lagos Court to the Court of Appeal populated by half of them, then to the Supreme Court, populated by them. It is only when the supreme court sets its imprimatur on that judgement, then we know we are left the political act of the governor's signature. In Nigeria of today. Forget it. Al-mustapha aint goinna face no hang man's nose. Lagos only just carry the wahala go elsewhere. Unless we confederate that country. Just forgit it. QUOTE:
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Thank you. I am yet to even see the actual press release on this... At least he as spent over 10 years in jail now... Got a press report few minutes ago from the Guardian... QUOTE:
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In the Army, I think they are trained to "obey the last order", no matter how unreasonable or unlawful! I think SGt Rogers was used as State witness or something! The last time we heard about him, he had been reinstated into the Force and collecting his wages while "obeying new orders"! QUOTE:
So, Mustapha was not obeying the orders of Abacha? -----
I can't help "following" El Rufai and his chorus boys/girls on Twitter. It is a good way of guaging the thought process of Boko Haram North. I noticed El Rufai's mutted dissatisfaction and the not-so mutted reactions of his Boko Haram followers. And I keep wondering, if human life means anything to these people why do they revel in mass murder and the justification of mass murders? This judgement and the emerging differring sentiments between the Boko Haram North and the Ngbati/#OccupyNigeria West will test the strenght of their new found kumbaya as demonstrated at Gani Fawehinmi Park Ojota not long ago. May the souls of Apo 6 remain restless till their murderers are hanged... QUOTE:
No, you got it wrong.Abacha was the commander in chief, and all soldiers are to obey their commander. Immunity is because he was also the HOS. So, Mustapha too should not be sentenced for obeying his Commander in Chief. QUOTE:
Its not as if I support the goings on. A self-confessed murderer is reinstated back to the Nigerian Army and those who gave him the logistics to commit murder are sentenced to death! Me I no know bukuru o, but there is always God s judgement which is never partial. QUOTE:
Sorry, my wig and gown were eaten by rats where I kept them under the bed. So, nothing to dust. But, I believe his defence messed up his case badly at the High Court. Rather than shift the blame to where it rightly belongs and allow the law go after Abacha, they were only trying to delay justice (maybe to fleece the fellow of his share of the Abacha loot). And when money was no longer coming, they had to close the case. Beware of lawyers. Sgt Rogers did a deal with the prosecution in exchange for some prison time. His deal being turning states evidence against the others.
Al Mustapha will appeal and IBB and co will be told to get him off but it wont work, Lagos has jurisdiction and he killed some eminent sons and daughters of Nadeco and the soil. I say its all over and the fat lady has sang Hi, folks! To be fair, I would prefer that Major Hamza al-Mustapha, who, (just like Alhaji Adamu Ciroma), is a son of the soil of Nguru, Yobe State, (the hot bed of Boko Haram), was SET UP, and ROPED into a conspiracy, EVEN IF FALSELY accused, for sponsoring terrorism, and then shot to death, maybe, one hour after, instead of being sentenced to death for doing his job as a Chief Security Officer (CSO) of a Nigerian military dictator. For sure, the terms and rules of engagement of a CSO in Nigeria confer stupendous license, discretion, and latitude in the exercise of seamless impunity, privilege, and predatory behaviour, on such persons OFFICIALLY. Ironically,this anomaly prevails, even right up till this very moment, right inside Aso Rock Villa, and the 36 Government Houses nationwide! Meanwhile, we have similar persons like Major Hamza al-Mustapha, who served as loyal ADCs and CSOs for tyrants like Generals Muhammadu Buhari, and Ibrahim Gbadamosi Ogbanje Babangida, roaming freely about the streets of Nigeria, attending high society burials, weddings, book lunches, and similar high-profile ego munching events, completely hassle-free, and without qualms! After all, (come to think about it), someone took the order that delivered the parcel bomb that blew up Dele Giwa, abi, no be so? .... and even, sef, paa~paa, IBB is now a respectable sickly elder statesman .... blah ... blah... fukkcing blah ... Major (Emir) Mustapha Jokolo is a retired royal father .... blah ... blah... fukkcing blah ...Sergent Rogers is now free!.... blah ... blah... fukkcing blah ... Coup plotters can contest presidential elections too .... blah ... blah... fukkcing blah .... Hajiya (Mrs.) Mariam Sani-Abacha is fine and funky.... blah ... blah... fukkcing blah ...so too is Mohammed Sani-Abacha.. .... blah ... blah... fukkcing blah ....Sani Abacha Stadium, Kano. .... blah ... blah... fukkcing blah .... Sani Abacha Street (... but no Alfred Diete-Spiff Drive, or Yakubu Gowon Way!) in Port Harcourt .... blah ... blah... fukkcing blah ... For once, I thought Nigeria had a very good opportunity to start shedding as much bad blood as possible, if only to fulfil a necessary process of metaphysical cleansing of the collective psyche of a grossly brutalised nation, for a CHANGE. Hamza al-Mustapha could have been a very good candidate, and a starting point for actualizing that gory ritual of national spiritual exorcism; A kind of once-and-for all \"JJ Rawlings Solution\" to all of Nigeria's nagging problems of bad leadership in Nigeria. General Ibrahim Gbadamosi Babangida (GCFR) would have been another good sacrificial pig for purifying the tormented soul of Mother Nigeria. Quite unfortunately, the Pandora's Box in the form of Major Hamza al-Mustapha death sentence has now been turned into an unintended consequence of a badly handled legal fukck up! Muchas gracias. Don Juan-Carlos ABRAXAS (III) Baba Agens,
You wicked no be small But sha o, it still has to be proved whether that Mikky defense go stand o! After all, how anybody fit prove say Al Mustapha was following any instruction? Did Al Musty himself say he was following any command? And did Al Musty Man actually have to follow any instruction to effectively perform his duty as explained by even himself? Anyway sha, me a no be lawyer o, and book sef a no know. Only thing a know be say, one of dem is about to die for an offence he actually commited. And that to me looks like justice - at long last! And I hope it is not too early or late to say: Rankadede oga Major sir. And RIP at the same time! -
Auspy: Maybe someone should just put a bullet to his head. Suspy: Well why don't you travel there and do it? Auspy: Who? Me? No Oh! Suspy: Ode. So who do you want to do it for you? Auspy: Ah don't know..maybe, eerr..Denker? -- QUOTE:
Not really Mikky. Sgt. Rogers could be said ro be obeying orders not Al Mustapha. He was a CSO with very high discretional powers. We are all witnesses to how he punished and intimidated his superior officers even to the level of a Lt. General! The chain of command does not include a CSO like Al Mustapha, especially the one that served a tyrant like Abacha. He took most of the decisions without even Abacha knowing it. Fashola should sign his death order quick, quick, so that the serial murderer can be despatched to the great beyond with immediate effect and automatic alacrity. The angels of hell are waiting for him, and they hate to kept waiting. May he rot in hell! QUOTE:
But can't he appeal all the way to Supreme court? QUOTE:
The guy no get money for any appeal again. You think e dey easy for a man that is not working to retain a set of lawyers for 13 good years with many of his appeals ending at the Supreme Court? Well, unless IBB will help him with the financial burden. Lawyers no dey come cheap o. QUOTE:
Thank you, jare my Learned Villager! Dont mind MJ! Where was he when Mustapha was kicking Diya in the butt every morning? When Obj was in jail, Mustapha s boys turned his bare back to ironing board and for his first three months in Aso Villa, Obj was allegedly showing his wrinkled back to close pals. Inspite of everything, I still think its unfair for someone who had spent (20 prison years in jail) to now be hanged while the trigger puller smiles all the way into voluntary retirement later in life. Considering his antecedents, who says Sgt Rogers will not kill again if asked? Who says Mustapha cannot appeal? He who could afford two fat rams every sallah for fellow inmates? He was also on half salary all thru his trial and his lollies acquired during his Abacha days must be nestling in a bank. I dont see him being executed sha. We shall see. QUOTE:
Baba Agens, Where did you get the information that Mustapha and Rogers are still on the payroll of the army? I know that in |Nigeria anything could happen. I just like you to confirm to me in a very authoritative way that both men are still on the payroll. Even if mustapha was not found guilty, you are saying he could walk straight back into his army unit and wear a uniform in the rank of a major? His mates must be Brigadier-General or above by now. How would this play out. Would he be taking instructions from his juniors? I am just being curious here. @ Baba Agens, Apart from the judgement from Justice Dada being sound, Mustapha has real enemies in high places. Remember his outburst on Gen Abduslam? There are many other generals, serving and retired who would move that the judgement on Al-Mustapha is executed. It is no more IBB's army. I believe, barring magic abracadra, Mustapha is a gonner. We go see.... @ Abraxas I read it somewhere that AL-Mustapha was involved in the Dele Giwa parcel bomb delivery. Maybe not.... QUOTE:
Unfortunately, I cannot lay my hands on the source of information right now but I read it somewhere that Sgt Rogers and Al-Mustapha were only on interdiction when their crises began and nowhere has the NA announced that they had been dismissed. If Mustapha had been discharged and acquitted, he would have been reinstated and reimbursed with all his outstanding arrears. But, owing to the factors you mentioned, he has fervent enemies who will rather see him nailed to the cross than have him spill the beans because HE KNOWS JUST TOO MUCH! While he has people willing to do him in, he also has his own supporters club. His future lies in the two wings' hands and whether he lives or dies...the answer is blowing in the winds. For now, it is Not over, until it is finished, BELIEVE! Comments Page: 1 2 |
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