Kudirat Abiola’s killing: Lagos court says Al-Mustapha, Shofolahan have case to answer

Posted by admin Headlines Friday, July 15th, 2011

Major Hamza Al-Mustapha and Alhaji Lateef Shofolahan are now to tell Justice Mojisola Dada of a Lagos High Court what they knew about the killing of Alhaja Kudirat Abiola, on June, 4, 1996, along the Motorways Road in Alausa Ikeja, Lagos State.

This was sequel to the dismissal of a no-case application filed by the duo by the judge, on Thursday.

Both accused would open their defence on the first and third of August, 2011.

It will be recalled that the two men and the head of the anti-riot squad at the Presidential Villa, during the late General Sani Abacha’s regime, CSP Rabo Lawal, had, in the application, urged the court to acquit and discharge them on all the counts, because they had no case to answer.

The accused, through their counsel, Olalekan Ojo, while adopting their written addresses on the no-case submission posited that the court in discharging its duty should dispense justice in accordance to the law and not on rumour and sentimental basis.

Ojo submitted that the court had a constitutional duty to acquit and discharge the accused since the prosecution was not able to establish a prima facie case against them, adding that the case of the prosecution must be cogent for it to compel the defendants to prove their innocence.

According to Ojo, “the court cannot rely on the statement contained in the proof of evidence and there are no legally admissible evidences before the court during the trial of the defendants.”

Ojo insisted that Sergeant Banabas Jabila (Rogers) and Mohammed Abdul, who are the second and third prosecution witness, were induced to say what they told the court because they were on the pay roll of the government.

However, in a ruling which was delivered with the aid of a phone torch, due to the absence of electricity in the court room, Justice Dada declared that the prosecution’s case against Major Hamza Al-Mustapha and Alhaji Lateef Shofolahan was sufficient to warrant their being called to give some explanations.

According to the judge, with the stage the matter had reached, the court was not concerned with whether or not the evidence of Sergeant Banabas Jabila and Mohammed Abdul (Katako) was to be believed or credible.

Justice Dada insisted that the case against the two accused persons was sufficient enough for them to open their defence.

The judge had in the meantime acquitted and discharged the third accused person; CSP Rabo Lawal owing to what she described as the inability of the prosecution to establish a prima facie case against him.

Major Hamza Al-Mustapha and Alhaji Lateef Shofolahan will be opening their defence on the 1st and 3rd of August, 2011.

-Tribunewp_posts