The Lagos High Court trying Major Hamza
al-Mustapha for the 1996 murder of Kudirat Abiola has ruled that the
ex-Chief Security Officer be put to task over his 1999 statement to a
Special Investigative Panel.
Justice Mojisola Dada on Wednesday said al-Mustapha needed to clarify the alleged contradiction between the 1999 statement and his oral testimony before the court.
Dada said, “The document under contention, that is ID2, was identified not only by the first defendant as the statement made under severe torture like every other one but it was also identified by PW4 at the onset of his evidence in this court on October 13, 2009.
“I find solace under Section 209 of the Evidence Act. I hold that it is not a confessional statement of the murder of the deceased, the Late Alhaja Kudirat Abiola.
“However, still under Section 209 of the Evidence Act, I am of the view that the prosecution has the liberty to call the attention of the first defendant to the said document ID2 on what is the alleged contradictory part thereof since the first defendant has identified it as a statement although allegedly made under torture even though it is not confessional in nature.”
The ex-CSO had told the court last week that his statement to the SIP in which he confessed to killing Kudirat was made under “intense torture and duress,” and that Sgt. Mshela Jabila, a.k.a Roger, who confessed to firing the shot that killed Kudirat, was induced to mention him (al-Mustapha) as the one who ordered the killing.
Al-Mustapha is standing trial alongside Lateef Shofolahan for the murder of Kudirat on June 4 1996 in the course of her struggle for the validation of the results of the June 12, 1993 presidential election won by her husband, the late Chief MKO.
Shofolahan was a personal aide to Kudirat.
The prosecution counsel, Mr. Lawal Pedro (SAN), had sought to cross-examine al-Mustapha on the alleged contradiction but the defence counsel, Mr. Olalekan Ojo, objected on the grounds that Pedro failed to tender the statement in question as exhibit before he closed his case.
Ojo also argued that the said statement was extra-judicial, hence cross-examining his client on it would be prejudicial.
He had stated that his client made the statement, under torture and that the prosecution could not “come behind the door” to cross-examine him on the statement having failed to tender it as exhibit before they closed their case.
But Dada pointed out that the prosecution had attempted to tender the document on October 13, 2009 during a court hearing but withdrew it on Ojo’s objection.
“Learned SAN (Pedro) had sought to tender it through the said PW4 (a retired Commissioner of Police, Yusuf Fari) but upon the objection of learned defence counsel, Ojo, same was withdrawn and rather put in as identification only by the learned SAN stating that he would come back to it.
“Therefore, the opportunity to tender it as an exhibit was lost before the closure of the case,” Dada said.
Al-Mustapha was said to have made the statement on 13 October, 1999 before the SIP under the convening authority of Col. Kayode Are, then the director-general of the State Security Service.
The SIP was convened in 1999 to investigate various allegations of murder said to have been linked to al-Mustaspha and others during Abacha’s regime.
Al-Mustapha, who had maintained that he was being persecuted and not prosecuted, told the court that he had made 28 statements but that only one was tendered before the court by the prosecution.
He had said he made all the statements, including the one already tendered before the court as Exhibit A1, “under duress and intense torture.”
Before the matter was adjourned, Ojo also informed the court that the defence still had a witness to call and that the witness had always been present at the court proceedings.
The matter was adjourned till Thursday (today) for the continuation of the prosecution’s cross-examination, which started on Monday.
The judge also fixed August 15 to 17 for the continuation of trial.
By Ade Adesomoju Courtesy Of: Punch
Justice Mojisola Dada on Wednesday said al-Mustapha needed to clarify the alleged contradiction between the 1999 statement and his oral testimony before the court.
Dada said, “The document under contention, that is ID2, was identified not only by the first defendant as the statement made under severe torture like every other one but it was also identified by PW4 at the onset of his evidence in this court on October 13, 2009.
“I find solace under Section 209 of the Evidence Act. I hold that it is not a confessional statement of the murder of the deceased, the Late Alhaja Kudirat Abiola.
“However, still under Section 209 of the Evidence Act, I am of the view that the prosecution has the liberty to call the attention of the first defendant to the said document ID2 on what is the alleged contradictory part thereof since the first defendant has identified it as a statement although allegedly made under torture even though it is not confessional in nature.”
The ex-CSO had told the court last week that his statement to the SIP in which he confessed to killing Kudirat was made under “intense torture and duress,” and that Sgt. Mshela Jabila, a.k.a Roger, who confessed to firing the shot that killed Kudirat, was induced to mention him (al-Mustapha) as the one who ordered the killing.
Al-Mustapha is standing trial alongside Lateef Shofolahan for the murder of Kudirat on June 4 1996 in the course of her struggle for the validation of the results of the June 12, 1993 presidential election won by her husband, the late Chief MKO.
Shofolahan was a personal aide to Kudirat.
The prosecution counsel, Mr. Lawal Pedro (SAN), had sought to cross-examine al-Mustapha on the alleged contradiction but the defence counsel, Mr. Olalekan Ojo, objected on the grounds that Pedro failed to tender the statement in question as exhibit before he closed his case.
Ojo also argued that the said statement was extra-judicial, hence cross-examining his client on it would be prejudicial.
He had stated that his client made the statement, under torture and that the prosecution could not “come behind the door” to cross-examine him on the statement having failed to tender it as exhibit before they closed their case.
But Dada pointed out that the prosecution had attempted to tender the document on October 13, 2009 during a court hearing but withdrew it on Ojo’s objection.
“Learned SAN (Pedro) had sought to tender it through the said PW4 (a retired Commissioner of Police, Yusuf Fari) but upon the objection of learned defence counsel, Ojo, same was withdrawn and rather put in as identification only by the learned SAN stating that he would come back to it.
“Therefore, the opportunity to tender it as an exhibit was lost before the closure of the case,” Dada said.
Al-Mustapha was said to have made the statement on 13 October, 1999 before the SIP under the convening authority of Col. Kayode Are, then the director-general of the State Security Service.
The SIP was convened in 1999 to investigate various allegations of murder said to have been linked to al-Mustaspha and others during Abacha’s regime.
Al-Mustapha, who had maintained that he was being persecuted and not prosecuted, told the court that he had made 28 statements but that only one was tendered before the court by the prosecution.
He had said he made all the statements, including the one already tendered before the court as Exhibit A1, “under duress and intense torture.”
Before the matter was adjourned, Ojo also informed the court that the defence still had a witness to call and that the witness had always been present at the court proceedings.
The matter was adjourned till Thursday (today) for the continuation of the prosecution’s cross-examination, which started on Monday.
The judge also fixed August 15 to 17 for the continuation of trial.
By Ade Adesomoju Courtesy Of: Punch
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