Court orders al-Mustapha to clarify contradictory statements

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

How Kwara gov election was rigged

The witnesses of the Action Congress of Nigeria on the Kwara State governorship election on Wednesday told the Election Petitions Tribunal in Ilorin that there were electoral malpractises in some councils and wards in the state.
The ACN and its governorship candidate, Mr. Dele Belgore, had dragged the Peoples Democratic Party, its candidate, Alhaji Abdulfatah Ahmed and his running mate, Mr. Peter Kishira, to the tribunal.
Also joined as parties to the petition are the Independent National Electoral Commission and its Resident Electoral Commissioner in the state.
The ACN is seeking an outright cancellation of the election results in Ifelodun, Moro, Asa, Baruten, and other councils it claimed there were irregularities.
One of the witnesses, Miss Moni Oladokun, told the three- member tribunal chaired by Justice Ngozi Emehelu that voting began at Elemere in Moro at about 10am, as against the 12.30pm when it should have started.
By Success Nwogu           Courtesy Of: Punch

NJC directs Salami to apologise to CJN

The National Judicial Council on Wednesday warned the President of the Court of Appeal, Justice Ayo Salami, against unethical conduct, directing him to apologise in writing to the Chief Justice of Nigeria, Justice Aloysius Katsina-Alu, within one week.
Salami was also ordered to apologise in writing to the Council.
The development followed the NJC’s deliberations on two separate reports of its committees on the allegations levelled against Salami and Katsina-Alu, and some justices of the Court of Appeal, at an emergency meeting on Tuesday.
A statement by the Deputy Director, Information, the NJC, Mr. Soji Oye, said the Council at the end of deliberations decided that Salami’s allegation that the CJN instructed him to direct the Sokoto gubernatorial Appeal to dismiss the appeal by the Democratic Peoples Party of Nigeria was false and therefore amounts to a misconduct contrary to Rule 1 (1) of the Code of Conduct for Judicial Officer of the Federal Republic of Nigeria.
Katsina-Alu was absolved of any wrongdoing as the Council decided that he acted in good faith and was motivated by the apparent urge to protect the administration of justice and avoid the breach of peace when he directed that the judgment in the Sokoto Gubernatorial Appeal be “put on hold” pending the investigation of the petitions he had received on the matter.
The Council also decided that justices of Court of Appeal who served on the Sokoto State Governorship Appeal Panel namely, Justices Dattijo Mohammad, Paul Galinje, John Okoro, Mas’oud Oredola and Regina Nwodo, had no case to answer.
Salami himself, as well as the justices who served on the Ekiti and Osun States Gubernatorial Election Petitions Appeal Tribunal namely; Justices Clara Ogunbiyi, O. Ariwoola, Chiman Nweze and Adamu Jauro, were also cleared of charges of “unethical communication” as the call logs on which the allegation was made were found to lack authenticity.
The statement reads, “At the end of deliberations the Council decided as follows: That the allegation made by the Hon. President, Court of Appeal, Hon. Justice Isa Ayo Salami, OFR that the Hon. Chief Justice of Nigeria, Hon. Justice Aloysius Katsina-Alu, GCON, instructed him to direct the Sokoto Gubernatorial Appeal to dismiss the appeal by the Democratic Peoples Party of Nigeria is not true.
“Therefore, the Chief Justice of Nigeria was exonerated of the allegation of interference with court proceedings in the Sokoto State Gubernatorial Election Appeal.”
The statement added that the President of the Court of Appeal should: “Be warned for such unethical conduct which eroded the public confidence in the integrity and impartiality of the Judiciary; and
“Apologise in writing to both the Hon. Chief Justice of Nigeria and Chairman of National Judicial Council, Hon. Justice Aloysius Katsina-Alu, GCON and National Judicial Council within a week from today the 10th day of August, 2011.”
By Ihuoma Chiedozie             Courtesy Of: Punch

Osun tribunal: We hope to get justice – Aregbesola

Osun State Governor Rauf Aregbesola is optimistic the Action Congress of Nigeria will get justice at the National Judicial Council on the petition against the first Election Petitions Tribunal in the state.
Aregbesola said at the premises of NJC in Abuja on Wednesday that the ACN petitioned the council following a report alleging a relationship between the Peoples Democratic Party lead counsel, Chief Kunle Kalejaiye (SAN); a former governor of the state, Prince Olagunsoye Oyinlola; and Justice Thomas Naron, who headed the tribunal.
The alleged romance was revealed by a news magazine which published an MTN call logs that contained interractions between Naron and Kalejaye while the petition was being heard.
The governor said he was at the council because of the ACN’s petition and the invitation sent to him by the NJC.
Aregbesola arrived at the NJC with the ACN National Chairman, Chief Bisi Akande; the National Legal Adviser,Dr. Muiz Banire; and Osun State Commissioner-designate, Mr. Ajibola Basir.
He said, “Well I am here based on the petition by my party before the council concerning the first tribunal during the hearing on our petition over the declaration of the former governor as the winner of the 2007 governorship election.
“We hope to get justice because we have confidence in the ability of the people to unravel what happened.”
The appearance of Aregbesola before the NJC was held behind closed doors.
Apart from Naron, other members of the tribunal were Justices Sa’adu Mohammed, J.N. Akpughunum, A.T. Badamasi and J.E. Ekanem.
The setting up of the panel resulted from a petition filed by lawyer to Aregbesola, Mr. Ajibola Bashiru, in which he complained about the way the case involving his client, was handled by the Naron-led tribunal.
When the case got to the Court of Appeal, the appellate court ordered that a fresh panel be constituted to hear it.
By Olusola Fabiyi                   Courtesy Of: Punch

Ogun threatens to demolish workers’ estate

The Ogun State Urban and Regional Planning Board on has issued a contravention notice on some owners and occupants of Workers’ Estate, Laderin in Abeokuta.
The estate was constructed exclusively for civil servants in 2007 by the immediate administration of Otunba Gbenga Daniel.
Some of the occupants told the News Agency of Nigeria in Abeokuta on Tuesday that the houses were allocated to them after due process and vowed to resist government’s move to pull down their structures.
Officials of the Town Planning Board had marked some of the houses in the estate for demolition, alleging they were constructed without approval.
The agency advised those affected to restore the land to its original state, failing which it would demolish the structures.
There are about 276 flats in the estate and it could not be ascertained as at Wednesday, the number of houses marked for demolition.
A copy of the contravention letter dated August 9, 2011 and titled “Ogun State Urban and Regional Planning Law No. 20 of 2005 Contravention Notice” reads in part, “Your contravention consists of Construction of this building suspected to be without approval from this office.
“If you dispute the above contravention, you are requested to bring all documents in support of your case including your development permit to the undersigned within 24 hours of the service of this notice on you.
“If you do not dispute the contravention, you are ordered to restore the land to its original state by removing the said contravention.
“If you fail to remove the said contravention within seven days from the date of service of this notice, the said contravention shall be demolished after service of demolition notice on you.
But the residents of the estate maintained that they purchased the buildings from the state Ministry of Housing, which constructed them.
They demanded to know the rationale behind the contravention notice, arguing that the various extensions done at the estate were even approved by the Ministry of Housing.
Some of the workers told NAN that they had invested huge sums of money in making their respective buildings habitable and expressed their determination to resist what they described as “unjust government decision.”
An aggrieved worker, who preferred anonymity, said each house owner had signed an agreement with the state government.
He said, “By privilege of being state workers and in tandem with the policy of state government to ensure provision of affordable housing scheme, we workers were able to get the houses.
“We made 10 per cent down payment of the total cost. An average cost of each house then was N975,000.
“We signed agreement with the state government on how many years we want to complete payment.”
By Agency Reporter                  Courtesy Of: Punch

Lagos scraps LASU’s part-time studies

THE Lagos State University will no longer run part time courses in any of its faculties as from the next academic session.
This follows the cancellation of its School of Part Time Studies by the state government as a way of streamlining its focus to enable it to get through with accreditation of many of its courses.
Lagos State Governor Babatunde Fashola, who approved the abrogation of the external system, said the government was prepared to bring the school to high standards.
Fashola promised to do his best to make the institution fulfill the educational needs of the youth.
A statement by the Special Adviser to the Governor on Education, Chief Fatai Olukoga, explained that the decision to cancel the external system in the school was based on the recommendation and decision of its Governing Council.
The governor directed the school to ensure that the current admission exercise for the Year 2010/2011 Academic Session should be the last as far as the external system in the school was concerned.
According to him, all stakeholders, operators of the system, the students and the public in general should be duly informed of the new directives.
The statement said the decision was arrived at after due consideration of the report of a Visitation Panel set up by the governor to look into the academic and administrative activities of the school in the last 10 years in his efforts at finding a lasting solution to the incessant crisis in LASU.
By Agency Reporter             Courtesy Of: Punch

Rumour of Ojukwu’s death shakes Anambra

People of Anambra State was on Wednesday thrown into a panic following the rumours that one of its eminent citizens, Chief Emeka Ojukwu, had died.
The former warlord was rushed to a London hospital on December 23, 2010 for treatment for an undisclosed ailment.
Anambra State Governor, Peter Obi, dismissed the rumour of the passing of the national leader of the All Progressives Grand Alliance saying Ojukwu was still alive.
It could not be immediately known where the rumour originated, but telephone calls and text messages circulated claiming that the Ikemba was dead.
The rumour gained further grounds when markets and shops were shut in Nnewi, Ojukwu’s hometown. But investigations showed that the markets and shops were shut by residents to protest the incessant kidnappings in the town.
An Anambra State Government official on an Internet blog said, “I have received some probing questions from the media and journalists, some with ugly rumours, and some provocative rumours but Ikemba is well and great.”
An aide to Bianca, Ojukwu’s wife said, “We have not heard about,” when our correspondent called to inquire from Bianca.
She said Bianca had only come into Enugu last Saturday to take the children away perhaps to London where Ojukwu was recuperating after suffering a stroke in Enugu last December.
In a statement in Awka on Wednesday, the Chief Press Secretary to the Governor, Mr. Mike Udah, said the governor had to formally refute the rumours following innumerable calls and enquires he received from different quarters.
He said, “Governor Peter Obi has been inundated with calls from many quarters, both within and outside the country on the state of health of Igbo Leader, Dim Chukwuemeka Ojukwu.
“The intermittent heightening of tension that has attended his hospitalisation shows how dearly Nigerians and the world hold him.
The Senior Special Assistant to the Anambra State Government, Mr. Valentine Obienyem, however dispelled the rumour, when he told our correspondent that once he heard the rumour, he contacted the Chief of Staff to Ojukwu, who dispelled the rumours.
Meanwhile, a community leader, Chief Anthony Agidigbo Oguejiofor has commended the Anambra State Governor, Mr. Peter Obi, for what he called his wonderful support to the ailing Ojukwu.
In a statement he made available to journalists in Awka on Wednesday, Oguejiofor said considering what Ojukwu was to the Igbos, anything involving him ought to be the concern of the entire Igbos, not just because he was a former governor of the South-East, but because of the peculiar part he played in the history of Igbos in Nigeria.
A son of the ailing Igbo leader, Okigbo Odumegwu-Ojukwu, in a telephone interview with an online portal, denied the death of the elder stateman.
He said, “It is not true that my father died,” adding that as a resident of London, he was constantly in touch with the hospital personnel caring for his father.
By Emmanuel Obe and Terver Bendega         Courtesy of: Punch