Major Hamza Al-Mustapha, former Chief Security Officer (CSO) to late Head of State, Gen.Sani Abacha, may soon be back in court over the alleged murder of Kudirat Abiola, wife of late MKO Abiola.
This is because Lagos State government has filed an appeal at the Supreme Court, challenging the judgment of the Court of Appeal which acquitted and discharged him alongside Lateef Shofolahan.
According to Ade Ipaye, Lagos state Attorney General and Commissioner for Justice, the decision to appeal the judgment was reached having considered that there are enough and good grounds for the appeal.
Ipaye, disclosed this on Tuesday while briefing newsmen on Law and Order in the state, a monthly media briefing of his ministry.
His words, “Having carefully reviewed the decisions of the respected justices of the Court of Appeal, it is our humble view there are strong bases for appeal which the Supreme Court of Nigeria should have an opportunity to consider.
“This step will also ensure that all issues are fully articulated and the victim’s family, the defendants and the society are not deprived of the last window of opportunity provided by the constitution for the resolution of the case”.
While reading the lead judgment, Justice Rita Pemu, averred that “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, but never called any of them.
“This renders the evidence of the police officer inconclusive as it denied the defendants their right to a fair hearing, and no reasonable court can safely make a conviction on such inconclusive testimony.
“PW 2 (Sgt. Rogers) and PW 3 (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.
“PW 2 and PW 3, in retracting their earlier statement to the police, told the court that they were cajoled by the prosecution to indict the appellant, with a promise to give them monetary compensation.
“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-defendant, was later called a prosecution witness; witnesses who ought to be called were never called, the bullet extracted was never tendered before the court.
“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,’’ Pemu had ruled.
