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Al-Mustapha: Appeal Court decision perverse –Lagos State

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The Lagos State government has described the decision of the Court of Appeal that discharged and acquitted Major Hamza al-Mustapha, former Chief Security Officer, CSO, to the late Head of State, Gen. Sani Abacha and Lateef Sofolahan of any involvement in the murder of Alhaja Kudirat Abiola as perverse and a miscarriage of justice.

The State in two separate appeals signed by the Attorney General and Commissioner for Justice, Mr. Ade Ipaye before the Supreme Court, alleged that the appellate court misapplied principle of law and thereby regarded the entire evidence presented by the prosecution as mere suspicion.

Consequently, the State urged the Supreme Court to allow the appeal and set aside the judgement of the Court of Appeal delivered on July 13, 2013.

The State in its proposed Notice of Appeal, raised questions regarding the Court of Appeal’s evaluation of the evidence relied upon by the trial judge in its judgement.

The state also queried the correctness of the Court of Appeal’s decision on the materiality or otherwise of the alleged contradictions in the testimony of Banabas Jabila (a.k.a Sgt Rogers) and Mohammed Abdul (a.k.a Katako), (PW1 and PW2 respectively).

Specifically, the State urged the Apex Court to set aside the whole decision of the Court of Appeal, saying it was a miscarriage of justice.

The State also added that the lower court erred in law, when it substituted its own assessment and evaluation of the evidence with that of the trial court in its judgement when it held that there was no credible and reliable evidence in the entire record to justify conviction.

Part of the ground states: “In the circumstances of this case where the Court below could not assess the witnesses, consider their demeanour, the nuances of the process before the court, including specific conducts, or attitudes of witnesses in relation to specific, critical, vital and material evidence, oral or otherwise; the Court did not disclose sufficient reasons for substituting its own view for those of the trial court.”

Besides, the State stated that the lower court erred in law by misconstruing the “witness protection” programme as inducement in its evaluation and used that as the basis for disbelieving the testimonies of PW2 and Pw3.

The appellant stated that “The court below erred in law when it held that there were material contradiction that rendered the testimony of Mohammed Abdu unreliable.”

The six grounds of appeal are; that the court below erred when it determined that there were material constrictions that rendered the testimony of Banabas Jabila unreliable; that the court below erred in law when it held that there was nothing to show that the Major Hamza al- Mustapha and Lateef Sofolahan conspired with any other person to kill the late Kudirat Abiola; that the court below erred in law in holding that there was no basis for conviction and that the charges have not been proved against the accused persons beyond reasonable doubt and that there was nothing connecting them with the commission of the offence

Others are; that the court bellow erred in law by substituting its own assessment and evaluation of the evidence with that of the trial judge in its judgment, when it held that there was no credible and reliable evidence in the entire record to justify the conviction of the respondents; that the court below erred in law when it held that ‘’there is no credible, cogent and reliable evidence linking the appellant with the murder of the deceased; that the court bellow erred in law when it held that there was no evidence whether direct or circumstantial which points to the commission of the crime of the murder of the deceased to the accused persons.

The appellate court had in a unanimous decision held that the prosecution failed to prove its case beyond reasonable doubt and consequently quashed the death sentence passed on them by Justice Mojisola Dada of a Lagos High Court.

The appellate court in its lead judgement, delivered by Justice Rita Pemu supported by Justice Amina Augie (presiding) and Justice F O Akinbami respectively held that there was no nexus between the appellants and the murder of Alhaja Kudirat Abiola on June 4, 1993.

Resolving all the three issues raised against the prosecution, Justice Pemu held that the testimonies of all the prosecution witnesses were worthless and could not sustain the offence of conspiracy or murder.

The appellate court further held that the 326-page judgement delivered by the trial judge was needless and an indication that the trial judge was finding a way round the doubts created by the prosecution.

The court stated that the prosecution did not solicit the assistance of the trial judge to convict the appellants as none of the prosecution witnesses added any value to the case adding that “the 326-page judgement could not provide evidence where none existed.”

In Kano State, elder statesman, Alhaji Ibrahim Babankowa warned that the Lagos State government action to drag al-Mustapha before the Supreme Court could affect the fortune of the All Nigerian Peoples Congress, APC.

Briefing newsmen in Kano, Babankowa noted that the steps taken by Lagos state also have the capacity to rekindle distrust between the Hausa/ Fulani extraction on one side and the Yoruba on the other.

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Posted in Nigerian Newspapers. A DisNaija.Com network.

Source: National Mirror Newspaper

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Tribune

Nigeria records 55 new COVID-19 infections, total now 165,110

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Tribune Online
Nigeria records 55 new COVID-19 infections, total now 165,110

The Nigeria Centre for Disease Control (NCDC) has recorded 62 new cases of COVID-19, bringing the total number of infections in the country to 165,110. The NCDC disclosed this on its official Twitter handle on Friday. “55 new cases of #COVID19Nigeria; Lagos-21, Yobe-19, Ogun-6, Akwa Ibom-3, Kaduna-2, Plateau-2, FCT-1, Rivers-1.” YOU SHOULD NOT MISS THESE HEADLINES FROM NIGERIAN TRIBUNE COVID-19: Nigeria Recorded […]

Nigeria records 55 new COVID-19 infections, total now 165,110
Tribune Online

Sourced From: Tribune Online

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This Day

Military, Police Ring Abuja to Forestall Boko Haram Attack

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•Deploy more personnel as army chief vows to wipe out terror group
•Security beefed up at N’Assembly

Deji Elumoye and Kingsley Nwezeh in Abuja

Abuja, Nigeria’s seat of power, is under a massive security cordon following threats of attacks by insurgents and the increasing wave of banditry in the contiguous states of Kaduna, Kogi, Nasarawa and Niger States, THISDAY’s investigation has revealed.

There has been a wave of kidnappings in the outskirts of the federal capital, notably Pegi, Tuganmaje and Kuje among others, which the police have battled in recent times.

The security situation in and around the Federal Capital Territory (FCT) was heightened by the pronouncement of the Niger State Governor, Mr. Sani Bello, that Boko Haram fighters who he said sacked 50 villages in the state and hoisted the terror group’s flag, were about two hours drive away from the FCT.

Security has also been beefed up at the National Assembly as operatives, yesterday, thoroughly screened every vehicle approaching the National Assembly complex in Abuja.

The deteriorating security situation nationwide prompted the National Chairman of the Peoples Democratic Party (PDP), Prince Uche Secondus, to warn that the 2023 general election may not hold, demanding the declaration of a state of emergency as well as the convocation of a national conference.
However, the Chief of Army Staff, Lt. Gen. Ibrahim Attahiru, yesterday restated the Nigerian Army’s determination to annihilate Boko Haram.

But the Governor of Katsina State, Hon. Bello Masari, cautioned against declaring a state of emergency, saying doing so isn’t the solution to combat the security challenges facing the country.
The security of the nation’s airports was also in focus yesterday as the Office of the National Security Adviser (ONSA) said there was no threat to them.

THISDAY’s investigations showed increased presence of troops, police, Nigerian Security and Civil Defence Corps (NSCDC) personnel and intelligence operatives at the three strategic entrances to the city notably, Keffi, Zuba and Gwagwalada.

More checkpoints were also mounted around Gwagwalada and Keffi.
THISDAY also observed increased intelligence deployment at the entrance and the borders of FCT with contiguous states.

Beyond the borders, there were more deployments and police patrols inside the city and increased intelligence deployments as well.
Security sources told THISDAY: “There are deployments here and there but they are routine. Alertness is key to a secure environment.”

It was also learnt that security agencies were involved in frenzied meetings throughout yesterday.
The meetings, coordinated by the office of the Chief of Defence Staff under the new joint operational strategy of the armed forces, were aimed at coordinating a joint response to possible threats of attack to the FCT.

“I understand the security teams have been meeting for some days now and if you look around you, you will notice that there are increasing patrols and numbers of security personnel. The threats are not been taken lightly,” a source said.

National Assembly workers, lawmakers and visitors also had a harrowing experience accessing the legislative complex due to heightened security in the area.
Security operatives thoroughly screened every vehicle approaching the National Assembly complex in Abuja, impeding both human and vehicular traffic.

The Sergeant-at-arm of the National Assembly and other security agencies supervised the operations, leading to huge traffic build-up inside the complex.

Legislative staff, visitors and lawmakers were seen patiently waiting for their cars to be searched so that they could go ahead with the business of the day.
Some staff and visitors at some point got tired of waiting and were seen alighting from their cars to trek from the gate to the complex.

Meanwhile, the ONSA has said there is no threat to the nation’s airports.
A statement by the Head of Strategic Communication, Mr. Zachari Usman, said the reports of threats to the airports were an internal correspondence of security threat assessment misconstrued as security threat to the airports.

PDP Demands State of Emergency

In a related development, the PDP National Chairman, Prince Uche Secondus, yesterday demanded the declaration of a state of emergency, warning that the 2023 general election might not hold if the federal government failed to tackle insecurity.

He called on the federal government to summon a national conference to address the spike in insecurity.
Secondus added that the national caucus of the party will meet today to discuss the state of the nation.

Addressing members of the National Executive Committee (NEC) in Abuja, Secondus said: “We are worried Abuja is not even safe. It is no longer politics. We got alert of plots to bomb and burn down our airports.

“We urge the federal government to declare a national state of emergency in security. There is the need to call a national conference to discuss the insecurity in the country.

“There may not be any election in 2023 in Nigeria due to insecurity. This government must listen to the people. The Buhari government should call a national confab to discuss security and state of the nation. It is no longer politics. This time we are not playing politics. Let’s keep politics aside and move the nation forward.”
He said the country had been grounded, regretting that there had been no matching response from the federal government.

Secondus said in the past, terrorism in the North was confined to the North-east, but with the report of Boko Haram occupying villages in Niger State, terrorism had spread to the North-central
“Herdsmen are also menacing in the West; gunmen causing havoc in the East; and the militants in the South; all killing, looting, raping, maiming and burning down homes. The situation is bad; Nigerians all over are living in fear,” he said.

The Senate Minority Leader, Senator Enyinnaya Abaribe, said the problem of Nigeria was outside of the PDP headquarters, while pledging the support of the Senate to the declaration of state of emergency in security.

Abaribe said he deliberately decided not to speak on the floor of the Senate but to allow the APC senators to speak so as to avoid being accused of giving a partisan colouration to the issue of insecurity.

He stated that only electoral reforms would give victory to the opposition party in the 2023 general election and ensure a democratic defeat of the APC-led federal government.
Also, the Minority Leader of the House of Representatives, Hon. Ndudi Elumelu, commended the NEC and the PDP leadership for their collective efforts at resolving the House leadership crisis.

The NEC meeting adopted the position of Secondus, calling on the federal government to convoke a national conference to discuss the state of insecurity in the country, according to a communiqué read by the National Publicity Secretary, Mr. Kola Ologbondiyan.

Army Chief Vows to Wipe Out Boko Haram

The army yesterday reiterated its commitment to wipe out Boko Haram.
Chief of Army Staff (COAS), Lt. Gen. Ibrahim Attahiru, told reporters in Maiduguri, Borno State that Boko Haram had been defeated in many encounters and would continue to be defeated until it’s annihilated from Nigeria.

“We will take on Boko Haram decisively, and we are committed to the focus of the operations, which is the total annihilation of Boko Haram from Nigeria,” he said.

The COAS, who was visiting the headquarters of Operation Lafiya Dole in Maiduguri for the fifth time since his appointment four months ago, said the visit was to boost the morale of the troops, reassure them and listen to any issues affecting them.

Earlier, the Theatre Commander of Operation Lafiya Dole, Maj. Gen. Farouq Yahaya, lauded the visit, which he said had continued to boost the morale of the troops.
“We are honoured, we are grateful, we are encouraged by those visits. You provided us guidance, logistics and other things we required. We are most grateful for those visits,” Yahaya said.

State of Emergency Won’t Solve Security Challenges, Says Masari

Katsina State Governor, Hon. Aminu Masari, has, however, said declaration of a state of emergency won’t solve the security challenges facing the nation.
Masari, who spoke yesterday with journalists after meeting with the Chief of Staff to the President, Prof. Ibrahim Gambari at the State House, Abuja stated that he was against the recent call by the House of Representatives for the declaration of a state of emergency in the security sector as it would not solve the problem.
According to him, declaring a state of emergency will not achieve the desired effect as the security structure and personnel to be used to execute the emergency are already overstretched in a bid to safeguard lives and property.

Sourced From: THISDAYLIVE

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The Nation

UFC: Usman gets N584m after beating Masvidal

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Kamaru Usman has raked in a mammoth £1.1million, about N584.2 million after his impressive knockout victory over Jorge Masvidal on Saturday night, Sportivation.com.ng reports.

The Nigerian Nightmare has been handsomely rewarded for his stunning performance and he was the best-paid fighter on the card which was witnessed by 15, 000 fans in Florida.

According to Daily Mail, Usman earned £538,000 to show up, £459,000 pay-per-view bonus, a £43,000 sponsorship bonus and a well deserved £35,000 Performance of the Night bonus.

Jorge Masvidal also earned £358,000 to show, £186,000 in pay-per-view money and a £28,000 sponsorship bonus.

This is the biggest payday of Usman’s career so far and the Welterweight champion also benefited from the fact that Masvidal is also a top draw for the fans.

Kamaru Usman is a Nigerian-American professional mixed martial artist, former freestyle wrestler and graduated folkstyle wrestler.

Sourced From: Latest Nigeria News, Nigerian Newspapers, Politics

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Premium Times

Insecurity: Lagos bans occupation of abandoned buildings

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The government said that no worker should stay back beyond 6:00 p.m. within premises of buildings undergoing construction.

The post Insecurity: Lagos bans occupation of abandoned buildings appeared first on Premium Times Nigeria.

Sourced From: Premium Times Nigeria

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