At last, justice for Kudirat

Written by The Punch Tuesday, 31 January 2012

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Fifteen years after she was brutally murdered by a team of killers working for the Gen. Sani Abacha regime, the late Kudirat Abiola finally got justice from the grave, on Monday. Kudirat, the wife of the acclaimed winner of June 12, 1993 Presidential election, Chief MKO Abiola, was shot dead in Lagos on June 4, 1996.

A Lagos High Court in Igbosere sentenced Major Hamza al-Mustapha and a former aide of the Abiolas, Lateef Shofolahan, to death by hanging after finding them guilty of the murder of Kudirat.

Delivering the ruling, Justice Mojisola Dada said that the prosecution, led by Mr. Lawal Pedro, had proved that al-Mustapha, the former Chief Security Officer to Gen. Abacha, ordered Sgt. Barnabas Jabila (Sgt. Rogers)to murder Kudirat.

Delivering the judgment between 9.50am and 4.40pm on Monday, Justice Mojisola Dada said, “The prosecution’s evidence is manifestly reliable as having proved the ingredients 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 Criminal Code Laws of Lagos State. They are to die by hanging until pronounced dead.”

The judge added, “It is amazing that those who take delight in shedding blood are those who dread death most.”

She said the former CSO provided the “murder weapon,” the means of movement, accommodation, the means of transportation by flight from Abuja to Lagos and logistics for those who carried out the murder.

Referring to al-Mustapha, the judge said, “He felt obliged to silence any voice against the government of his boss. He manifested in such a way that he thought nobody could touch him.” She added that al-Mustapha believed that silencing the opposition was part of his brief and that he had, indeed, testified his duties as including, “curtailing, repelling, managing all aggressions against the seat of power.”

She noted that al-Mustapha had said in his evidence that the Strike Force, which he controlled, was an anti-terrorism force established in 1995 by the National Security Council to protect the seat of power.

Discrediting al-Mustapha’s claim of persecution by the government, Justice Dada said all the evidence of the accounts of what happened after the death of Abiola “are extraneous to the facts and circumstances of the case of the murder of late Alhaja Kudirat Abiola on June 4, 1996.”

She said Shofolahan was “a willing tool in the hand of the devil. He was ambitious. He was a gold digger. He wanted to be relevant irrespective of whose ox is gored or whose blood is spilt.”

Contrary to his claim during testimony that he was never a Protocol Officer to the late Kudirat, the court held that his statement, tagged DI5, showed that he worked directly with the deceased.

She said, “Abiola family thought he was a friend not knowing that he was a venomous snake. He was a viper. A friend in the open and an enemy at night. He was like a Judas who sold his master for a piece of gold.

“He took the assailants to the house. He quickly called them when the deceased was going out. He also gave them the magazine when PW2 said he could recognise the deceased.

“It was greed that took him to Seriki Sarsa for monetary assistance.

“It was greed that caused his ambitious romance with the government of the day. He must have had monetary gain when he led the two-million man march Abacha rally in Abuja.”

Justice Dada said it was established that Sarkin Sasa was the man who introduced Shofolahan to al-Mustapha sometime in March 1996.

The judge, therefore faulted their (al-Mustapha and Shofolahan’s) claims that they met for the first time during the said two-million man march for Abacha in Abuja, in 1998 and later at the Special Investigative Panel, Abuja in 1999 when they were arrested in connection with the offence.

According to Dada, Shofolahan and al-Mustpaha met before Kudirat was killed. She said Shofolahan was introduced to al-Mustapha as an informant and the person who would “be in charge of security in Lagos.”

She rejected al-Mustpha’s defence that his trial was a result of persecution by the Abdualam Abubakar’s regime.

Referring to the video recording the former CSO played during his defence, the judge said it did not show that “they (the NADECO leaders, who visited the Aso Villa the following day Abiola died) parted with anything,” contrary to his allegation that they were bribed by Abubakar.

He also faulted al-Mustapha’s claim that Chief Bola Ige was compensated by the Chief Olusegun Obasanjo’s administration with the appointment as the Attorney General of the Federation due to his “compromised role” in what led to the death of Abiola.

“This belied his admission that he was not a member of the ruling council at any given time,” the judge said.

She said the contradictions deemed by the defence to have tainted the testimonies of the two prosecution principal witnesses – Jabila and Mohammed Abdul (Katako), who was said to have driven the vehicle while on Kudirat’s trail to kill her – were “inconsequential.” She said the contradictions were inconsequential and as such could not warrant the cancelling of their earlier testimonies.

According to her, the “principle of remedial law doctrine”, holds that it will “make a mockery of our judicial process if all testimonies are set aside because of changing of mind by a witness. It is the duty of the court to discover the truth. The court is obliged to find out the peculiar circumstances of each case.”

She said, according to the principle, the court was not required to cancel an earlier testimony because of a witness’ retraction or contradiction in the testimonies. She said the court would rather seek to understand the motive for the change of mind.

“The court will compare and juxtapose the circumstances and motive behind the change of mind. The court will indiscriminately analyse the facts and circumstances under which the testimonies were made,” the judge said.

According to her, Abdul retracted his earlier statement that he was the one who drove Jabila while trailing Kudirat due to pressure from the defence counsel under cross-examination.

She recalled that Jabila’s statement to the SIP shows that he laughed when al-Mustapha asked him if he could operate “a special gun” he (al-Mustpha) was giving him to “eliminate” Kudirat.

Justice Dada said it corroborated Dr. Falomo’s claim that an “unusual bullet not commonly found” was extracted from Kudirat’s right side of her head when she was being operated upon soon after she was shot.

She rejected the claims by the accused persons that their statements said to have been made before a Special Investigative Panel in 1999, were not made under a voluntary condition.

She said there was no shred of evidence supporting the claims and that their denials of not making the statements voluntarily was an afterthought.

She said Al-Mustapha’s denial of the statements in his evidence in chief was mere prevarication.

“They both lied under oath,” Dada said.

The defence lawyer, giving indication that he was going to appeal the court’s judgment, said, “I want to urge your Lordship, to assist us in expediting action for the compilation of the court record to prosecute our appeal of this decision.”

Soon after the judgment was delivered, the environment became tense, as security personnel on the ground restricted movement within the court premises.

Many of al-Mustapha’s supporters, who had besieged the court premises to show him support, were denied access into the court premises. They were seen shouting with displeasure.

 

… how it happened

 

Al-Mustpha’s supporters had beseiged the court premises as early as 7.00am.

However, to their disappointment, security men comprising the Prison Guards, the police – their Mobile unit and anti-bomb squad – who had manned the four gates to the court premises – disallowed them an access. The heavily armed guards took position at the gate with sniffer dogs. They screened persons, including lawyers into the premises.

At about 9.00am, the security men started allowing people into the court room. Only journalists, known friends and relatives of the accused persons were allowed. By 9.20am, the court was already filled to capacity.

The judge, Justice Mojisola Dada, had to stand the matter down, when as at 9.30am the Prison authorities had yet to bring the accused to court. The blaring siren of the fleet of vehicles conveying the convicts were heard at about 9.35am.

Al-Mustapha, brimming with smile as he entered the court, shook hands with friends and families already seated. Decked in a white kaftan and a cap to match, al-Mustapha, apparently sure of victory at the end of the judgment exchanged pleasantries with his loved ones and later took his seat among them. Shofolahan, in white Jalamia dress took a back seat.

On the arrival of the judge, the convicts mounted the dock even as the judge lamented that the delivering of the judgment was going to last several hours.

The evidence given by al-Mustapha formed the bulk of the judgment. The judge had to abandon reading about 30 pages of the said evidence.

She took a break about two times, seeking the permission of the counsel for the parties if she could skip reading the said evidence.

Also present in the courtroom before the court started sitting were the founder of the O’odua Peoples Congress, Dr. Fredrick Fasheun, former Eaglet coach Fanny Amu, and soccer star, John Fashanu.

The defence counsel, Mr. Olalekan Ojo, immediately after the convict mounted the dock, craved the judge’s indulgence to allow al-Mustapha to sit having been earlier admitted at a Navy Hospital for more than four weeks.

The convict maintained a relaxed countenance as the judge read the preamble of the judgment.

The sound of “Allah Akbar” being made by al-Mustapha’s supporters outside the court premises filtered into the court room.

The audience in the court, including lawyers and the convicts occasionally burst into laughter, especially when the judge was relaying Shofolahan’s evidence.

However the convict’s countenances changed when the judge started delving into the main judgment.

Al-Mustapha had to bring out his white handkerchief to mop up sweat on his forehead.

Their faces hardened throughout the period the judgment was delivered even though al-Mustapha occasionally smiled and shook his heads indicating disapproval to some comments made by the judge.

As soon as the judgment was delivered around 4.40pm the security personnel on the ground started restricting movement within the court premises.

Some of al-Mustapha’s fans were seen crying. Others who were not crying, who were carrying posters with inscription, ‘Free al-Mustapha’, were apparently sad.

As al-Mustapha was driven out of the court, many of his supporters were seen running towards the gate.