Al-Mustapha has case to answer in Kudirat's murder....says Court!

A Lagos High Court on Thursday dismissed an application seeking a declaration that Hamza Al-Mustapha, a Major, has no case to answer in the murder of Kudirat Abiola, wife of the late politician and businessman, M.K.O. Abiola.

The court, however, discharged and acquitted Rabo Lawal, CSP, charged along with Al-Mustapha, the chief security officer to the late head of state, Sani Abacha.

Justice Mojisola Dada acquitted Mr Lawal on the grounds that the prosecution failed to link him with the murder.

The late Kudirat, human rights activist, was shot dead 15 years ago in Ikeja, Lagos.

Ruling on the application filed by Mr Al-Mustapha, the judge held that the prosecution established enough evidence (prima facie) to warrant Mr Al-Mustapha to prove his innocence in Kudirat's murder.

Ms Dada also held that Kudirat's aide, Lateef Sofolahan, also charged along with Al-Mustapha, had a case to answer in the murder.

The judge, however, said that she would not consider, at this stage, the credibility or otherwise of the evidence of the prosecution witnesses - Barnabas Jabila Mshiela (a.k.a. Sgt Rogers) and Mohammed Abdul (a.k.a. Katako).

She consequently adjourned the case till August 1 for opening of defence.

The News Agency of Nigeria (NAN) reports that the defence counsel, Olalekan Ojo, had urged the court to discharge and acquit Messrs Al-Mustapha and Sofolahan, saying that the prosecution could not establish a prima facie case against them.

"The case of the prosecution must be cogent for it to compel the defendants to prove their innocence," Mr Ojo said.

He submitted that there was no legally admissible evidence on the matter before the court, adding that the prosecution witnesses were induced to give evidence against the accused.

However, the Solicitor General of Lagos State, Lawal Pedro (SAN), submitted that the evidence was enough for the court to convict the accused.


Source:

234NEXT