By  Abdulwahab  Abdulah
Major Hamza Al-Mustapha like any ordinary man that has access to power would definitely have a time he will taste both the good and the sour aspect of what is attached to his political office.

Having enjoyed the goodness of his office as the former Chief Security Officer, CSO, to the late Head of State, General Sani  Abacha, Al-Mustapha is tasting the other aspect of what any public official could suffer at any period of his life.

al-Mustapha arrives Lagos High court Igbosere on 03062011. Photo Shola Oyelese

What makes his case more sympathetic and almost incurable was that his travail was as a result of his alleged roles in the murder of Alhaja Kudirat Abiola, the late wife of the business mogul and politician, Chief M.K.O. Abiola in 1996.

Though, Al_Mustapha was involved in several other criminal cases in which he was charged before the High Court of Lagos State, which include the attempted murders of the late NADECO leader and the late Guardian publisher, Mr. Alex Ibru among others. In these cases he was charged along other security chiefs who had one time or the other occupied big office under the administration of the late Gen Sani Abacha.

Those that have been acquitted and discharged on the other cases included former Chief of Army Chief, COAS, Gen Ishaya Bamaiyi, former Lagos police Chief, Mr. James Danbaba, former Zamfara state military administrator, Col. Jubrin Bala Yakubu and lately, CSP Rabo Lawal, who was also charged alongside Al_Mustapha over complicity of Kudirat murder, but was latter acquitted by Justice Dada due to lack of evidence.

However, after he was arraigned for allegedly attempting to snuff out the life of the late Guardian publisher, Mr. Alex Ibru and the former Delta state commissioner of sport, Porbeni, he had used all available legal means in ensuring that he was not found guilty of committing these offences which he and his co_accused believed were imposed on them by the virtue of their offices as security chiefs.

Though, in most of the cases which dragged for more than 10 years, they were set free by the High Court of Lagos State for lack of diligent prosecution. In most of the cases, witnesses, especially, police investigative officers failed to attend court proceedings, a situation which affected the trial.

Moment they however spending several years behind the bar, several strategies including political method were employed in order to shift attention from main issues of crimes that were before the court.

While, Al_Mustapha’s trial lasted, his trial were being regarded as persecution from certain quarters, which they argued were not in support of the roles played by him while he held sway as the CSO to the late Head of State.

Specifically, the convicted ex_security chief accused Gen Abdusalami Abubakar and at a time mentioned that some top military brass in the country were behind his travail. This song was also echoed by those who share his aspiration.

On several occasions for the years his case lasted, his admirers and friends cutting across geo_political and religion background were around in court on daily basis to show their support and share their solidarity with him.

Also, on several occasions too, prominent Northerners have called the attention of the government to Al_Mustapha’s plight which had almost equated his case to that of a political detainee. Several press conferences were addressed where the government was called upon to set him free in the spirit of the unity of the country.

During his trial for the killing of Alhaja Kudirat however, his efforts to persuade the court that he was being victimized by the powers that be and that those used as prosecution witnesses, including Sergeant Barnabas Jabila (aka Rogers) and another soldier, Mohammed Abdul (aka Katako) were forced to implicate him could not hold water as he was accused by the trial court that indeed, he was the brain behind the murder of the woman.

In his defence, he accused the former Head of State, Abdusalami of running after him because of his position while the former took over power as the Head of State. He also said that the former Attorney_General of the Federation, late Chief Bola Ige and the Afenifere leader, Senator Abraham Adesanya came to Aso rock to collect money in order to invalidate the mandate won by the late Abiola, who he said he cared for while under their custody.

Although, he had appealed against the judgment of the High Court delivered on Monday, the decision to rule otherwise is rest in the appellate courts.

Raising five grounds on which they want to predicate their appeal, they  urged the appellate court to set aside the lower court’s decision and  quash the sentence against them.

According to them, the trial judge erred in law by holding that the  contradictions in the evidence by Barnabas Jabila Mshelia  (Rogers) _ the  second prosecution witness (PW2) and Mohammed Abdul (Katako)  _ the  third prosecution witness (PW3) were immaterial.

Bothe convicts stated that the said contradiction in both witnesses’ evidence, were actually relevant to their case and ought to have been admitted in evidence.

Their second ground of appeal was that the trial judge erred when she relied on the evidence of the first prosecution witness, Ore Falomo, a medical doctor, to the effect that the bullet extracted from the late Kudirat was a special one, not commonly seen.

They queried the trial judge’s decision to rely on the information by Falomo, knowing that he (Falomo) is neither a Ballistician nor an expert in that field of science.

In ground three, the appellants accused the trial judge of exhibiting bias against them by allegedly rejecting portions of Rogers’ and Katako’s  evidences that favoured them, but accepted and relied on the portions  that were unfavourable to them.

In her judgment, Justice Mojisola Dada knocked out the arguments canvassed by the defence team in favor the convicts stating all their testimonies were alibi to show that indeed they were being persecuted.

Justice Dada in part of her judgment held, “the evidence before the court against Mustapha and Shofolahan was very strong and manifestly reliable and their defense was an afterthought which failed to persuade the court to otherwise conclude.”

On the conflicting statements of Jabila, aka Sgt. Rogers, it stated, “Sgt Jabilla was not an ordinary witness but rather a self_confessed killer who was ready to kill for the state hence he was surprised when he was arrested and interrogated by the SIP.

“The fact that the PW2 and PW3 denied what they had earlier told the court does not make their initial statements incredible. The duty of the court is to discover the truth in accordance with the provisions of the law,” it added.

She added that notwithstanding the contradictions in the evidences of the principal prosecution witnesses, the court cannot be persuaded to turn its face to the wrong side to justice.

On the issue of his alleged persecution, the court held that the first Prosecution witnesses, Dr. Ore Falamo, a personal physician to late MKO Abiola testified that the bullet extracted from Kudirat Abiola’s brain was a special bullet also corroborated that the gun given to Roger was indeed a special gun.  Justice Dada noted, Kudirat was killed due to her efforts in getting his husband released from detention and the validation of his presidential mandate.

On the video tape displayed in court showing some leaders of the National Democratic Coalition (NADECO) at the Presidential Villa, the court noted, “that there was nothing in the video showing that they were given money as alleged by DW1.”

The court further observed that the video merely showed the NADECO leaders entering the vehicles and there was nobody escorting them with any package after them.

Justice Dada said “the 1st defendant (al_Mustapha) magnified himself and thought nobody could touch him. He was bitter that after the death of General Sani Abacha he was not made the Chief Security Officer (CSO) by General Abdulsalami Abubakar.

“The 1st defendant told the court in his examination in chief that his job was to protect the seat of power that he would do everything possible to protect the government of the day,”

Justice Mojisola Dad observed that Al_Mustapha claimed to have spent N200, 000 monthly to feed Chief MKO Abiola while he was in custody at Aguda House within the Presidential Villa, But the Judge observed that Al_Mustapha claimed to have spent N66, 000 per day on MKO and that in a year he claimed that he spent N3.2 million on a political prisoner.

On the allegation by Al_Mustapha that he was a victim of persecution by powers that be, Justice Mojisola held that “there was nothing to show in his confessional statement made to the Special Investigation Panel (SIP) that it was conjured by the panel”,  adding  “the denial of the said statement by al_Mustapha was an afterthought.”

The court therefore held that all the allegations of persecution by the defendants as well as how he took care of MKO Abiola in while in custody were mere diversionary and fabrications.

Having coming to these conclusion, the court therefore convicted Al_Mustapha alongside Alhaji Shofolahan.

In her ruling, Justice Dada held, “By virtue of Section 319 of the Criminal Code Laws of Lagos State, the defendants, Major Hamzat Al_mustapha and Alhaji Lateef Shofolahan are accordingly sentenced to death by hanging until they are pronounced dead. May the lord have mercy on your souls.”

The Judge submitted that: “Those who take delight in the death of others are the ones that dread death most.”

Already, another political machinery have been set in place as some people claimed to be members of the Boko Haram have threatened to burn the courts if Al_Mustapha is not released by the appeal court.

Also some prominent northern traditional rulers according to report have held an emergency meeting last Tuesday in Kaduna over the plight of Al_Mustapha and the precarious security

situation in Nigeria. The meeting, which took place at the Lugard Hall of the Government

House for about three hours, however ended without a communiqué. They were said to have deliberated  on how they will secure his release and get the judgment of the trial court set aside.

Only time will determine where the matter will end.