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KUDIRAT’S MURDER: Al-Mustapha, Shofolahan to die by hanging •It is victory for Nigerians -Kudi’s daughter

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Written by Yejide Gbenga-Ogundare and Olayinka Olukoya Monday, 30 January 2012

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AFTER about 13 years on trial for the murder of wife of the late Chief M.K.O Abiola, Kudirat, former Chief Security Officer to the late General Sani Abacha, Major Hamzat Al-Mustapha and the Protocol Officer in the campaign organisation of the late Chief Abiola, Alhaji Lateef Shofolahan, were, on Monday, sentenced to death by a Lagos High Court sitting at Igbosere.

The court, presided over by Justice Mojisola Dada, found Al-Mustapha and Shofolahan guilty of murder charges and sentenced them to death by hanging.

In her judgment, Justice Dada held that, in view of the overwhelming evidence against them, the duo were guilty of the conspiracy to murder and murder of the late Alhaja Kudirat Abiola on June 4, 1996, preffered against them by the Lagos State government.

According to her, it was clear from the evidence before the court that Al-Mustapha invited to his office, Sergeant Barnabas Jabila (Rogers), who shot sporadically at Kudirat for a special assignment in Lagos.

Justice Dada added that the fact that Al-Mustapha showed Rogers a special gun that looked like MP5 and asked if he could handle it showed that there was a deliberate act to carry out a wicked action.

She also stated that the evidence of Jabila and Mohammed Abdul (Katako), who drove Jabila on the day Kudirat was murdered was reliable in the dispensation of justice. The court posited that the evidence of Jabila was a special one and it deserved a special consideration.

Justice Dada added: “The allegation of torture by the first defendant is nothing but fallacy.

“The tapes carted away by the Special Investigation Panel (SIP) were the ones illegally acquired by the 1st defendant while he held sway as CSO. The statement that his (Al-Mustapha’s) responsibility as CSO does not go beyond the seat of power is a mis-statement because if not, why would he send Rabo Lawal to Lagos to protect the properties of the late General Abacha?”

The court further held further that the allegation by Al-Mustapha that he was being persecuted and not prosecuted was unfounded, adding that the allegation by the convicted CSO that some prominent Yoruba leaders received incentives for their compromise in the annulment of the June 12 election and subsequent death of the self-acclaimed winner of the election, Chief Abiola, could not be substantiated because of lack of evidence before the court.

Justice Dada described Shofolahan as a willing tool in the hands of the devil, adding that he merely wanted to remain relevant in the regime of the late General Abacha, regardless of who was affected.

“The second defendant was wicked and a blood-thirsty traitor. The MKO Abiola family never knew that they had a vampire in their midst. The second defendant willingly handed over Kudirat Abiola to her killers.

“The prosecution has been able to prove beyond reasonable doubt because the evidences are so weighty that the court has no doubt in its mind. The defendants are found guilty of murder as charged. The light shines in darkness and darkness comprehends it not. Those who shed blood are those who fear death most.

“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.”

Earlier in her pronouncement in the conspiracy to murder charge against the convicts, Justice Dada held that the defendants’ statements to the SIP were duly signed by them and, therefore, made it as originating from them since they both confirmed that the statements were in their handwriting, even though they claimed that the said statements were made under torture.

The court also held that, “It is not true that the 2nd defendant never met with the 1st defendant not until March 1998.

“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.

“The charge of conspiracy to murder Kudirat has been proven beyond every reasonable doubt by the prosecution.”

In its written submission earlier, the defence, led by Mr Olalekan Ojo, maintained that the court should commit the credibility of all the prosecution witness to scrutiny having been dented by numerous contradictions.

While praying the court to ensure true dispensation of justice in the case, Ojo argued that, “Any diligent prosecution would go the extra mile to confirm whether the 2nd defendant in this matter actually worked as a protocol officer in the campaign organisation of the late MKO Abiola.”

Ojo, who cited numerous Supreme Court decisions on criminal matters to back up his argument, posited that the prosecution failed to establish a prima facie case against the defendants as to the murder of Kudirat Abiola, explaining that, “the issue of contradiction on the part of the prosecution witnesses makes it terribly bad.

“In spite of the inconsistencies manifest in the evidence of the prosecution witnesses, the prosecution did not make any attempt to declare any of them as hostile witnesses.”

He urged the court to hold that it could not be said that the count of conspiracy had been established against the defendants.

In the view of the defence: “Murder is a very serious offence and the prosecution was not able to establish that Shofolahan was a protocol officer in the MKO Abiola campaign organisation office.”

Ojo also held that the prosecution was not able to establish that the defendants carried out the killing of Kudirat.
He said: “I urge this honourable court to acquit and discharge the defendants accordingly.”

On its part, the prosecution, led by the Lagos State Solicitor General, Lawal Pedro (SAN), asked the court to take judicial notice of the reign of terror on some targeted Nigerians while the late General Abacha held sway as head of state and commander in chief.

The solicitor general maintained that even though the defendants claimed not to have known themselves until 1999, they could still be held liable for committing the crime.

“My Lord, the prosecution has succeeded in proving a case of conspiracy to murder and murder of the late Kudirat Abiola against the defendants.

“I urge your lordship to convict them accordingly,” Pedro added.

But in his reply on point of law, Ojo urged the court to disregard the submission of the prosecution that the regime of the late Abacha should be held liable for the numerous horrible situations in the country at the time.

He said there must be moral certainty that the defendants committed the offence.

It will be recalled that Shofolahan had, on August 17, 2011 told Justice Dada that he was a protocol officer in the MKO Abiola’s campaign organisation, tagged Hope 93.

He denied ever working for the late Kudirat in any manner, adding that he got to know Alhaja Kudirat at the Hope ’93 campaign organisation office along with other wives of the late Abiola.

“I know Alhaja Kudirat Abiola during the Hope ’93 campaign. She used to come to the campaign office. Other wives of Abiola such as Doyin Abiola, Bisi Abiola, were always coming to the campaign office to collect campaign materials.

“Honestly speaking, after Hope ’93, I have never worked for Alhaja Kudirat Abiola. Some people refer to me as her Personal Assistant, driver, but I never worked for her in my life.”

Shofolahan, who is the second defendant in the criminal trial, stated this while being cross-examined by the Lagos State Solicitor-General, Lawal Pedro.

He also informed Justice Dada that he was not aware that the late Kudirat Abiola was killed by gunshot.

“I was aware that Alhaja Kudirat Abiola died, but I did not attend the burial. I watched it on the television. I did not attend because I learnt area boys had invaded the campaign office of Hope ‘93 at Opebi,” he stated.

He further informed the court that he was one of the youth leaders that led Lagos delegates to the two-million-man march rally in Abuja seeking for the election of General Abacha as a civilian president.

Shofolahan, who initially denied that he knew that MKO Abiola was in detention at the time he attended the two-million-man march rally at the Eagle Square, Abuja, later turned around to say that Abiola was in detention.

He told the court that his confessional statement dated October 8, 1998 was made under duress, adding that he was merely ordered by the Special Investigation Panel (SIP) to copy verbatim an already prepared statement.

Also, Shofolahan told the court that because of the torture he was subjected to, he had no choice but to comply with the directive of the SIP, adding that he was ordered to implicate himself in the statement.

He told the court that the pains inflicted on him were so severe that if he was instructed to write that he personally shot Alhaja Kudirat Abiola or that he planned a coup, he would have done so.

Meanwhile, THE daughter of the late Alhaja Kudirat Abiola, Mrs Hafsat Abiola-Costello, has said the death sentence passed on al-Mustapha and Shofolahan would give her late mother a sigh of relief in the grave, after 16 years of waiting.

She said this while reacting to the judgment in Abeokuta, Ogun State, where she described the judgment as victory for Nigerians.

Abiola-Costello said though the judgment was delayed, it was not denied.

“My mother can have relief. I want to say that we are grateful to the judiciary for the judgment. Though we can say it is delayed, but it is never denied. I am relieved myself, because we almost lost faith in the judiciary, but, today we have a victory for Nigerians,” she said.

Abiola-Costello, a Special Assistant to Governor Ibikunle Amosun of Ogun State on Millennium Development Goals (MDGs), described Shofolahan as an opportunist, who came into the family under the pretext of giving her mother political support.

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