Last Friday, the Court of Appeal, Lagos quashed the death sentence which Justice Mojisola Dada of the Lagos High Court handedMajor Hamza Al-Mustapha and Alhaji Lateef Shofolahan over the death of Alhaja Kudirat Abiola. The appellate court said that the court below convicted the duo at all cost despite the prosecution’s failure to prove its case beyond reasonable doubt. Below is the judgment as delivered by the appellate court. IN THE COURT OF APPEAL OF NIGERIA, LAGOS JUDICIAL DIVISION HOLDEN AT LAGOS. ON FRIDAY THE 12TH DAY OF JULY, 2013 , BEFORE THEIR LORDSHIPS AMINA ADAMU AUGIE, RITA NOSAKHARE PEMU, FATIMO OMORO AKINBAMI, JUSTICES, COURT OF APPEAL. APPEAL NO.CA/L/469A/2012 DELIVERED BY RITA NOSAKHARE PEMU THE Appellant, in a 326 pages Judgment of the High Court of Justice, Lagos State in Charge No 10/37C/03 Coram Moji Dada J. was convicted for the offences of conspiracy to murder and murder of Alhaja Kudirat Abiola. The Charge initially included Chief Superident of Police Mohammed Rabo Lawal, but he was discharged on a no-case submission made on behalf of the Defendants. FACTS OF THE CASE The case of the Prosecution is that the Appellant conspired with another to murder and allegedly did murder Alhaja Kudirat Abiola on June 4, 1996, along Lagos-Ibadan expressway opposite Cargo Vision, Ikeja Areaof Lagos State. The Prosecution called four witnesses, namely: Dr. Ore Falomo (PW1), Barnabas Jabila, a.k.a. Sgt. Rogers (PW2), Mohammed Abdul a.k.a. Katako (PW3) and D.C. Yusuf (PW4), while the Appellant called two witnesses and testified himself. The facts leading to this appeal can aptly be put as follows. This trial started at the Lagos State High Court as ID/43C/99 in which the present Appellant with Mohammed Abacha, Rabo Lawal and one Mohammed Abdul were charged with conspiracy and murder. Mohammed Abacha was eventually discharged by the Supreme Court on July 11, 2002, on the ground of non culpability. The charge metamorphosed into the present Charge No ID/37C/2003. No eyewitness on record Noteworthy is that the crime, subject matter of this appeal was innitially investigated by the Nigerian Police Force at Panti in 1996, a Special Investigative Panel, SIP, and the Agbaje Panel set up in 1998 by the Government of General Abubakar Abdusalami.The accused persons were absolved of any involvement by the SIP and the Agbaje Panel in the death of the deceased. On June 4, 1996, the deceased was shot dead. There was no eyewitness on record to the actual crime, but one Dr. Mark Adesina whose statement is recorded at pages 10-18 of Vol. 1 of the Record of Appeal and whose name is listed as number one in the list of witnesses at the back of the information but was never called as a witness.PW1-Dr Ore Falomo witnessed the removal of a white bullet which was taken by the police. He testified that the deceased died after a head surgery and after her second cardiac arrest. Autopsy was conductyed on the deceased. After the commission of the crime, some members of the Abiola household were suspected of the commission of the crime. At the trial, the prosecution called four (4) witnesses, PW1, PW2, PW3, and PW4 respectively, while the Appellant called two (2)witnesses. Al-Mustapha PWl – Dr. Oreoluwa Falomo testified that he was going to Ikosi on the 4th of June 1996 when he saw people running in front and thought it was an accident. He, as an orthopaedic surgeon thought he could help. he then saw Alhaja Kudirat Abiola slumped onthe back of the car and the driver also shot. He recognised them as he had known these victims before. He arranged for a vehicle to rush them to the hospital. The deceased had been shot on the forehead and was bleeding from that spot. The driver had also been shot,but his condition was not as bad as that of the deceased. One Dr. Ogunbanjo, informed him that the victims were in Eko Hospital. He went there and saw the deceased and a consultant who advices an urgent surgery. Two neurosurgeons agreed to work together. Alhaja Kudirat Abiola was still unconscious and bleeding. , She was operated on and a special bullet that was not commonly seen was extracted from her skull. The operation lasted about two to three hours. She suffered a cardiac arrest. She appeared stabilized, but she suffered another cardiac arrest and she passed on. A post mortem examination was performed on her body by one Dr. Alimi, who issued a report. He took part in moving the body to her house for burial. He made statement to the Police. He told Police that it was a 5th Columnist in the Government that killed the deceased, going by the look of the bullet. The Police took the bullet away and never released it to them after the post mortem examination. He had told the Police that the bullet belonged tothe family of the deceased in mediolegal term. He had known the Abiola family and indeed was the personal physician and friend to the late Chief M.K.O. Abiola. He was very very close to the family
Posted on: Wed, 17 Jul 2013 04:11:56 +0000
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