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How prosecution’s case against Al-Mustapha failed

Under cross-examination, he said on the 4th of June 1996, he was in Lagos. He heard about the deceased’s assassination in the news. He heard it on the radio in Abuja. He also heard the news on that day he was in Lagos.
In his statement of 27th May, 1999, Exhibit DI-1 he said he was in Abuja.
He said he told one Okoloba that it is not the schedule of duty of the appellant to issue out arms and ammunition as they have armourer. The armourer registers your name and gives you the arms and ammunition. He testified that as a government official his role was to carry out what he was told, not to make findings. He cannot remember what he said but he did what they wanted him to do.
Cross examination
Exhibit A2 – his statement of 29th of September 1999 was produced by him and the government official. That if Katako said it was a Cherokee jeep they rode on that date, he would be surprised. Under cross examination, PW2 testified that he justified his involvement in the murder of the deceased. He said what he was told by the authority. The authorities promised not to bring them to court, but they reneged.
PW3-Mohammed Abdul alias Katako, a soldier who joined the Nigerian Army in 1998. In 1996, he was told by late Ibrahim Abacha that there are some people  coming from Abuja to Lagos, whom he should drive. Hear him:
“Between January and June 1996, when they came, so we went to National Theatre, that was where I saw Alhajj Lati, the 3rd Defendant, we went to Ikeja with him and went back to his house in Surulere, and we left him there and left the next day. Rogers said we should go to Ikeja to the same house we went with Lati. Mercedes car came out of the house, Rogers said we should follow the car. He stopped somewhere and dropped somebody and continued to Lagos-Ibadan Expressway around Seven-Up. Rogers said I should drive close to the car and he fired and then said I should drive back to Dodan Barracks.”
That the house they went to, he was later informed was late Chief M.K.O. Abiola’s house. There were about 3 or 4 people in the Mercedes Benz car. They dropped a woman on the way. That when they got back to Dodan Barracks, Roger told people “we got am” but he did not know who was being referred to. Later on he heard that it was the deceased. The people with whom we went were Skongama Bello and late Samaila Shaibu.
Under cross examination, he said the shooting took place after the toll gate on the way going to Lagos. He made a statement in Abuja. He is aware that his statement was later translated into English Language, but he does not know who did the translation. However, he signed it after the English translation was read to him and he said yes. He does not know if he wrote Cherokee jeep, but he did not ride a Cherokee jeep. It was a day before the day of the incident that they used a grand Cherokee jeep. He was offered promises including the gift of a house – in 1999   around September or October. These promises were made by officials he was with.
Officials of Lagos State Ministry of Justice visited him many times in Abuja while he was detained, including the Attorney General and Solicitor General of Lagos State. The Federal Attorney General Bola Ige visited him. He was given a house in Jos. They said that they would take care of him and his family. Promises were made to him before he wrote his statement. The promises were made to him on the 18th of September (the witness cried at this stage). His statement of the 19th of September was as a result of the promises of the 18th of September.
He said that on the 4th of June 1996, he had his first marriage at Azare in Bauchi State.
Under cross examination, he said that he was in his village at Azare on the fateful day.
PW4 – Ahmed Fari Yusuf, was a police officer, now retired after 35 years of service. He retired as Commissioner of Police in charge of Budget Section, Nigeria Police on October 1, 2009.
He last served at the Police Force Headquarters, Louis Edet House, Area II, Garki, Abuja.
In 1999, he was in Abuja Force Headquarters. Between September- December 1999, he was in Force CID Area 10, Abuja as Assistant C.O.P.
He knew the appellant in September 1999, as he was brought to the Force CID in connection with an alleged offence by the then SIP, which offence was for the alleged murder of Alhaja Kudirat, the burning of Guardian House and attempted murder of Alex Ibru.
When he was brought, he was cautioned and he made a statement in his own handwriting. He witnessed the first statement made by him. Exhibit A-3 – statement made on the 23rd of September 1999.
After Exhibit A-3, he is aware that the appellant was further interrogated by SIP detailed to carry out investigation and that he made a further statement.
That one Lateef Shofolahan also made a statement on the 21st of September 1999 in his own handwriting.
After, there was a trial within trial for 12 months, he disappeared into thin air and was never cross-examined (from records).
He tendered statements of the accused persons which were all admitted after trial within trial and objections for their admissibility failed.
On the 23rd of November 2010, PW4 was absent from court, when trial was to have continued and the case was adjourned to the 20th of December 2010 (page 1060 of the Record of Appeal). After series of adjournments, the court foreclosed the prosecution on the 14th of March 2011.
Hamza Al-Mustapha
On the 4th of July 2011, the appellant Major Hamza AI- Mustapha testified on his behalf as DWl. He testified that he was arrested in October 1998, under an allegation that he was keeping the property of General Abacha. When they could not establish anything against him, they changed the allegation to gun running from Libya, then to overthrowing of the government of Abdulsalami Abubakar. It was changed to securing the property of the culprit of 1997 and later when all there were cleared, he was alleged to plan coup plotting to remove Abdulsalami Abubakar from government. He was cleared and when the government handed over to General Obasanjo, this created yet another allegation under a script called YAKASI says Prison Note.
He was investigated by the police, and later to the homicide case that brought him to court on the 14th of October 1999. That Yakasi prison note was a script written by the government of General Abdulsalami Abubakar in order to continue to keep him in detention having been cleared by numerous panels he established in 1998 and 1999. He was further subjected to interrogations and investigations by reason of that prison note of Lieutenant Colonel Yakasi, because of the events that happened from the murder of General Abacha to the murder of late M.K.O. Abiola, and the subsequent event that happened right in his presence in the presidency.
He was Chief Security Officer to the former head of state, General Sani Abacha, since November 1993. His career was that of intelligence for Nigeria. What has to do with intelligence management for the Army and for the country is where he belongs. His primary and secondary assignments begin and end with:
(1) Security to the late Head of State and Commander-in-Chief
 (2) Security to members of the first family and
(3) Their property and seat of government
The various panels he faced from 21st October 1998 include :
(1) CHQ Panel on the investigation of the personal belongings of culprit of 1997, initiated by the office of CJS in the presidency. He was cleared and returned to Enugu. He was in fact commended.
2. Panel chaired by Major General Yusuf from Coat of Arms, who investigated the allegation of gun running and he was cleared.
(3)   Allegation for Abacha’s personal properties of which he was cleared.
This means that no one else irrespective of rank, position or situation, should use another soldier’s rifle. That is Military Law. The armourer is the officer in the arm who has the custody and control of weapons.
Military officers or non-commission officers are only authorized to move from one location to the other or between one town to the other on military pass. By this, every movement must be on the basis of the data provided in that form. Any movement without that pass or the content and the authority and stamp in that pass is considered illegal and is punishable by military law.
 On the pass, it contains the name of the officer, or the non-commissioned officer who is authorized to go on pass, his initials, rank, his service number, purpose for which the pass is issued, jurisdiction for the pass, location that the pass is intended, the nearest military formation to that location that the person is authorized to go to and the nearest police military formation, it also bears the signature and name of the authorizing officer, that is the commanding officer and the stamp of the unit.
It bears a note underneath that says if in the likely event of any is the C.S.O. who has a secretariat headed by a S.S.S officer called the 5LO (i.e Security Liaising Officer). There is also an administrative officer from services in the country. Then there is the office of the 2nd in command, who is from the Army Military Intelligence with his own staff. The department had four different branches, first was Intelligence Wing.

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