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Kudirat Abiola’s son kicks as Appeal Court frees Al-Mustapha, Sofolahan …14 years after

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Major Hamza Al-Mustapha, former Chief Security Officer (CSO) to the late General Sanni Abacha, was discharged and acquitted yesterday over the June 1996 murder of Alhaja Kudirat Abiola by the Appeal Court sitting in Lagos

Also freed with him was his co-accused, Alhaji Lateef Sofolahan.

Both of them were released from Kirikiri Maximum Prisons immediately after the judgment and they were driven away in an SUV.

Their discharge, a year and seven months after they were sentenced to death by a Lagos High Court, was predicated on what the Appeal Court called lack of circumstantial evidence linking the duo with anyone for conspiracy to kill the wife of the late Chief M.K.O.Abiola.

Reactions to their freedom were mixed with Kudiratu’s son,Abdul,calling the judgment “a stab in my heart,” while the founder of the Oodua Peoples Congress (OPC),Dr.Fredrick Fasehun, and former Police Commissioner in Lagos,Alhaji Abubakar Tsav,described it as justice at long last.

In reversing the High Court judgment,the Appeal Court, in a unanimous decision, dismissed the earlier verdict a dismay.

Justice Rita Pemu, who read the lead judgment, held that there was no direct circumstantial evidence that Al-Mustapha conspired to murder Kudirat Abiola.

The prosecution ,she said , failed to establish the charge of conspiracy and murder against the appellants, and described the 326-page judgment of the lower court as a dismay.

Pemu held that it was foolhardy and unreasonable for the lower court to have so swiftly convicted the appellants when it was very evident that the prosecution had a bad case.

She spoke of a huge shadow of doubt in the case of the prosecution which ought to be resolved in favour of the appellants, adding that the prosecution also failed to call witnesses to give evidence in the case based on investigation, but relied on evidence from contradictory and unsubstantiated statements of the star witnesses which were unreliable.

Pemu said: “In a criminal trial, the burden of proof is beyond reasonable doubt and this is a chain that cannot be broken.

“The prosecution listed four witnesses PW 9, 10, 11 and 12 as witnesses which it intended to call in the trial to give evidence based on investigation, but never called any of them.

“PW1 (Dr Ore Falomo) testified before the lower court that the bullet extracted from the forehead of the deceased was white and of a special kind, but the prosecution failed to tender the bullet as exhibit and this was fatal to their case.

“The prosecution also called PW4 (Investigating Police officer) who investigated the death of the deceased, but after 12 months of examination in chief, this witness disappeared into the thin air and was never produced for cross-examination by the defence, as he never showed up in court. This rendered the evidence of the police officer inconclusive as it denied the defendants their right to fair hearing, and no reasonable court can safely make a conviction on such inconclusive testimony.

“PW2 (Sgt. Rogers) and PW3( Mohammedd Abdul), in their confessional statements to the police, said they were enjoined by the first appellant to murder Kudirat, but this statement was later retracted by them in court.

“They told the court that they were cajoled by the prosecution to indict the appellants, with a promise to give them material compensation (money, houses). This is a contradiction in the testimonies of the witnesses.It raises doubt in the case of the prosecution, and it is unimaginable that the lower court did not expunge this evidence.

“For an offence like murder, I wonder why the Nigerian police did not do a proper investigation.

“Jabila, who was initially arrested as a co-accused, was later called prosecution witness, witnesses who ought to be called were never called, the bullet extracted was never tendered before the court.

“The prosecution’s case has gapy loopholes; there are more questions than answers.

“Once there is doubt in the case of the prosecution, as in the instant case, it must be resolved in favour of the accused, and this doubt is accordingly resolved in favour of the appellants.

“One thing is clear, Kudirat was shot, but the big question is who pulled the trigger? Certainly not the appellants. This court is not interested in the politics of the matter nor in sentiment.

“There was no need for the trail judge to consider the politics of any party, she should have observed that the evidence was wishy-washy. She allowed herself to be caught up in the web of the conflict while the police allowed itself to be caught up in the web of injustice.

“It is my view that the lower court left the matter to chase shadows. I find nothing in this case which sufficiently links the appellants with the commission of the offence. It is preposterous that in a 326-page judgment, the lower court was only concerned with securing a conviction at all cost.

“Just as God is no respecter of person, so also is this court. I hereby order that the appellants be discharged and acquitted, while the conviction and sentence of the lower court is hereby set aside. The appeal is hereby allowed.

“It is unfortunate that he has been incarcerated since 1998 on a baseless indictment without evidence.

Presidng Justice Amina Augie and Justice Fatima Akinbami concurred with the lead judgment .

The duo’s detention and trial lasted over 14 years.

Justice Mojisola Dada of the Lagos High Court had,on January 30 2012, found them guilty of conspiring to commit the offence.

Al-Mustapha and Sofolahan approached the Appeal Court, contending that the death sentence handed down by the lower court was unwarranted, unreasonable and a manifest miscarriage of justice.

Al-Mustapha’s relations and friends shouted “Al-Akbar” as the court delievered its verdict.

Reacting to yesterday’s decision of the appeal court,son of the late Kudirat Abdul, said the judgement was like a stab in his heart.

“I missed my mum as much as a little boy. This judgment is like a stab in my heart,” he told the News Agency of Nigeria (NAN).

“As a grown-up, I am no longer bitter, but the problem is that this might continue to happen to other people.This is an injustice in our system and I pray that our leaders should do the right thing,” he said.

Retired Anglican Bishop of Akure Diocese, the Right Reverend Bolanle Gbonigi, urged restraint and advised Nigerians to examine the judgment carefully before passing comments.

His words: “I have to be careful about my comments. The judges must have examined the arguments of both parties and looked into documents presented by the parties before passing their judgment. Judgments should not be based on sentiments. Though if you consider the terrible roles he played, you would want to fault the judgment. But judges don’t base their verdicts on sentiments.”

Founder of the OPC, Dr. Fredrick Faseun, said the judgment was in order and should be commended. Faseun, who had publicly campaigned for Al-Mustapha’s release, said the judgment is proof that “Nigeria is emerging from the forest of lies and falsehood. The attribute that has kept a Nigerian in captivity for 14 years without charges has been broken.”

Speaking in the same vein, former coach of the Golden Eaglets, Fanny Amu, said the ruling had rekindled his confidence in the country.

He said: “Hamza Al-Mustapha’s release has reconfirmed my confidence in Nigeria. I have never lost hope in law and justice in this country. With the judgment by the three wise women, I will rather call them the three wise men, it further confirms to all that law still exists in this country. It shows that we cannot just do anything and expect to go scot-free with it.”

Al-Mustapha’s elder brother, Bashiru Hamzat, said: “We have long seen the lapses and still do not know why the lower court entered that judgment. My brother has been incarcerated for 15 years, a lot of injustice has been done to him and our family, but we thank God some of us are alive today to witness this day.

“I just hope that the Nigerian nation will look into situations like this and remedy it to ensure it does not happen to another Nigerian.”

The National Coordinator of the Oodua People’s Congress, Otunba Gani Adams, condemned the Appeal Court ruling, describing it as a setback for democracy and justice in the country.

“ I fear that rulings like this one may go a long way in creating the wrong impression in the minds of the ruling class that they can get away with anything. We condemn the ruling in its entirety,” Otunba Adams said.

Alhaji Tsav was happy at the judgment saying: “Justice has taken its course. The man has suffered enough. The ruling is the right judgment that you should expect. The man who pulled the trigger is not standing trial, so what do you want to prove by prosecuting the wrong man.”

Mr. Yinka Odumakin, spokesman for the Save Nigeria Group (SNG), described the judgment as a big blow to criminal justice in Nigeria.

“After Al-Mustapha was duly convicted by a lower court, it is so painful that he has been acquitted,” Odumakin said.

The state Chairman of the Civil Liberties Organisation, Mr Ehi Omokhuale, also described the judgment as unfortunate, while the President of the Arewa Youth Consultative Forum, Alhaji Yerima Shettima, hailed it, saying it had renewed his hope and faith in Nigeria.

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Posted in Nigerian Newspapers. A DisNaija.Com network.

Source: The Nation Newspaper

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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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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

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Vanguard

Attacks on S’East: We must explore all options of negotiation — Stakeholders urge Igbo

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By Olasunkanmi Akoni

The people of the South East region have been urged to explore the power of negotiation and mutual settlement in the face of ongoing killings and security challenges in the zone because the east can not afford another war at present.

Stakeholders from the South-East geo-political zone made the remark on Thursday, at the unveiling of the book, “Igbo, 50 years after Biafra,” written by Special Adviser to Lagos State Governor Babajide Sanwo-Olu on Drainage Services, Joe Igbokwe, held at Ikeja G.R.A.

Speaking at the unveiling of the book, the chairman of the occasion, Mr. Cutis Adigba,
urged the people of the South-East to learn to build bridges across the country, so that they can realise their ambition of producing the next president of Nigeria.

Adigba urged leaders from the zone to discourage the move and agitation by some youths in the South East to go to war and secede out of Nigeria.

Also read: Banditry: Disregard viral video, Niger State gov’t urges residents

He said that Igbo have always found it difficult to rule Nigeria because they refused to build bridges across the six geo-political zones that made up Nigeria.

While describing the agitation as uncalled for, Adigba noted that after two decades that Nigeria returned to civil rule, the Igbo has predominantly identified with only one political party.

He maintained that remaining in one party can not advance the cause of the people of South East and cannot make them realise their objective of producing an Igbo man as president.

He maintained that the publisher of the book, Igbokwe played politics outside his state, so that the Igbo race can be integrated with one another race.

Adigba said the failure of the Igbo to reintegrate with other ethnic nationalities politically was responsible for the retrogression of the race in Nigerian politics.

Igbokwe, also addressing guests on the occasion, maintained that the Igbo are not advancing politically because they refused to be integrated into National politics, lamenting that, despite their success in business, they are not successful in playing politics at the national level.

Corroborating Dimgba, Igbokwe noted that there was the need for the Igbo people to stand up and build bridges so that their objective of producing the next president of Nigeria could be realised.

According to him: “I have decided to raise my voice, I hope my people will hear me while trying to quell the effect of the war, our people are spoiling for another war, mayhem is being unleashed in Igbo land, and there is palpable fear.

“Those who could speak have lost their voice, mindful of the consequences of their actions, I am calling on all Igbo leaders to speak up because all actions carry consequences, consequences of the silence will be too dastardly to sustain.

“Those silently supporting the wild wind should be careful or else they hand over to their children,” he said.

Igbokwe urged those spoiling for war to jettison their plan and embrace dialogue, urging them to learn from the South West region that despite the challenges faced after the annulment of the June 12, 1993, election, they did not go to war, and the region had the opportunity of producing two of her sons for presidential position in 1999.

“You have to build bridges to become president of Nigeria, but it is unfortunate the Igbo are burning bridges.”

Speaking at the event, Chief Uche Dimgba who is the coordinator of Igbo in All Progressives Congress, APC in Lagos, described Igbokwe as “a Frank, fearless and reliable leader, who based his views on issues and stand by his opinions, and we the Igbo have confidence in him and believe he can lead us aright.”

“He is a leader we Igbo believe in and we will follow him. If he can serve all the governors produced in Lagos State since 1999, he is a better man to follow because he possesses all the experience that can be of benefit to Igbo both at home and in the diaspora.”

Vanguard News Nigeria 

The post Attacks on S’East: We must explore all options of negotiation — Stakeholders urge Igbo appeared first on Vanguard News.

Sourced From: Vanguard News

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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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