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Details Of Ruling That Set Free Al-mustapha - Politics - Nairaland

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Buhari Incapable Of Ruling A Democratic State, Has A Dark Past – Edwin Clark / How Sani Abacha Died…AL Mustapha. NOT BY APPLE / Al Mustapha Freed (2) (3) (4)

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Details Of Ruling That Set Free Al-mustapha by Maxymilliano(m): 9:07am On Jul 13, 2013


In the lead judgment delivered by Justice Rita Pemu and supported by the presiding judge, Justice Amina Augie andJustice F. O. Akinbami respectively, the court held that the prosecution failed to prove its case beyond reasonable doubt, and that there was no nexus between the appellants and the murder of Alhaja Kudirat Abiola on June 4, 1993.

The Augie led all-female appeal panel had taken over the case from Justice Ibrahim Saulawa, who withdrew on April 29, for personal reasons.

Justice Pemu in setting aside the judgment of the lower court, held that the prosecution failed to establish the charge of conspiracy and murder against the appellants and that it was foolhardy and unreasonable for the lower court to have so swiftly convicted the appellants, when it was very evident that the prosecution had a bad case.

Resolving all the three issues raised against the prosecution, Justice Pemu held that there existed a huge shadow of doubt in the case of the prosecution, which ought to be resolved in favour of the appellants.

She submitted that the testimonies of all the prosecution witnesses were worthless and could not sustain the offence of conspiracy or murder for which the appellants were convicted.

The appellate court lampooned the lower court, saying that the 326-page judgment delivered by the trial judge was needless and an indication that the trial judge was finding a way round the doubts created by the prosecution.

The court said that none of the prosecution witnesses added any value to the case adding that “the 326-page judgment could not provide evidence where none existed," noting that ‘’the prosecution has failed to produce the bullet that was extracted from the skull of the deceased (Kudirat).

If the bullet was made available it would have needed a ballistician to verify what kind of bullet it was. The prosecution failed to say why the bullet was not produced at the trial. This is fatal to their case.’

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.

"PW 1 (Dr Ore Falomo) testified before the lower court that the bullet extracted from the forehead of the deceased was white and of a special kind, but the prosecution failed to tender the bullet as exhibit and this is fatal to their case.

"The prosecution also called Pw 4 (Investigating Police officer) who investigated the death of the deceased, but this witness was never produced for cross examination by the defence, as he never showed up in court.

"This renders the evidence of the police officer inconclusive as it denied the defendants their right to 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 statement 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 3 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.

Justice Pemu held “It is obvious that the prosecution witnesses fielded by the prosecution at the trial have been so discredited even in cross examination that no reasonable court can convict the appellants based on the available evidence placed before the court.’’

The court held that “where evidence of witnesses are contradictory, it is the duty of the judge to discountenance same, and treat the entire evidence as unreliable, it a duty in law and not discretion.

I found nothing in this charge to necessitate their being convicted.

For anyone who has been incarcerated since 1999, a period of about 14 years, this is unfortunate.’’

The court pointed out that the investigation into the murder of Alhaja Kudirat was shoddy, saying “there was no proper police investigation, no reliable exhibits, no circumstantial evidence, nothing.

The result is that all the issues are resolved in favour of the appellants and against the respondent who has failed to prove the charges against the appellants beyond reasonable doubt.

‘’The inference it deduce from the evidence must accord with common sense and good judgment. Its evaluation of same must be fraught with equity and its assessment of them must not be perverse.

A judge should eschew reliance on sentiments which may present itself in a subtle form in the determination of every dispute before it and in the performance of the sacred duty of the due administration of justice.

‘’The appeals succeed and allowed and I hereby make an order that the appellants who were convicted on the offence of conspiracy to murder and murder of Alhaja Kudirat Abiola on the 4th of June 1996 in a judgments of Justice M. A. Dada delivered on January 30, 2012 are hereby discharged and acquitted, while the conviction and sentences are hereby set aside.’’

"For someone who has been incarcerated since 1998 on a baseless indictment, it is so unfortunate," Pemu said.

Culled from http://www.thisdaylive.com/articles/fourteen-years-after-al-mustapha-walks-free/153202/

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Re: Details Of Ruling That Set Free Al-mustapha by Ngwakwe: 9:17am On Jul 13, 2013
If this judgement is miscarriage of Justice, then the prosecutor is to be blamed for his inability to source for incriminating evidences and lack of skills in his presentations.

I recommend two year course overseas for him in Criminal Prosecution and Justice.

1 Like

Re: Details Of Ruling That Set Free Al-mustapha by Maidoki14(m): 9:22am On Jul 13, 2013
No be naija we dey??Almustapha fr Gov.2015 insha allah!

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Re: Details Of Ruling That Set Free Al-mustapha by Maxymilliano(m): 3:59pm On Jul 13, 2013
Ngwakwe: If this judgement is miscarriage of Justice, then the prosecutor is to be blamed for his inability to source for incriminating evidences and lack of skills in his presentations.

I recommend two year course overseas for him in Criminal Prosecution and Justice.


The trial was filled with sentiments and hatred because of the people involved. The prosecution counsel did a shoddy job ab initio.
Re: Details Of Ruling That Set Free Al-mustapha by Amoshie(m): 4:53pm On Jul 13, 2013
Allah indeed is Merciful.
Re: Details Of Ruling That Set Free Al-mustapha by Okijajuju1(m): 4:55pm On Jul 13, 2013
No time...
Re: Details Of Ruling That Set Free Al-mustapha by Kessythegeek(m): 4:56pm On Jul 13, 2013
To be sincere..i dnt understand a thing..but thank GOD he's out

2 Likes

Re: Details Of Ruling That Set Free Al-mustapha by drauj(m): 5:02pm On Jul 13, 2013
Man-made laws 4 u . . . technicalities exploited by man to suit man. PS: Does this judgement have anything to do with 2015?

1 Like

Re: Details Of Ruling That Set Free Al-mustapha by damola1: 5:03pm On Jul 13, 2013
I want to believe his incarceration is a major strategic decision for the sustainability of democracy. As such. It's well
Re: Details Of Ruling That Set Free Al-mustapha by kehinde1588(m): 5:04pm On Jul 13, 2013
I dnt have much to say about this but from my own perspective al-mustaphy suffered alot 15yrs witout freedom oh GOD! Put urself in that shoes. He rily deserves to be freed witout any interogation. Lest i forget 5th to comment! Am proud of dis
Re: Details Of Ruling That Set Free Al-mustapha by drauj(m): 5:06pm On Jul 13, 2013
damola1: I want to believe his incarceration is a major strategic decision for the sustainability of democracy. As such. It's well
If that should be the case, is our democracy ripe enough to stand his freedom?
Re: Details Of Ruling That Set Free Al-mustapha by Ice4jez(m): 5:08pm On Jul 13, 2013
Amoshie: Allah indeed is Merciful.
shot up my friend.thank God the killer and killee na muslim

3 Likes

Re: Details Of Ruling That Set Free Al-mustapha by ThankGodEdeh(m): 5:12pm On Jul 13, 2013
Justice Augie again? The same woman who discharged Ibori. As long as I am concerned, this is judicial politics. Nigerian Judges are Inpotent.......... sorry, I mean Incopetent.

3 Likes

Re: Details Of Ruling That Set Free Al-mustapha by ichommy(m): 5:13pm On Jul 13, 2013
Waiting to see his poster #2015
Re: Details Of Ruling That Set Free Al-mustapha by caustical: 5:14pm On Jul 13, 2013
Nigerians case will be the last to be judge by God because if judged any other time, it will be so lenghty that other citizens will have to wait for too long.

1 Like

Re: Details Of Ruling That Set Free Al-mustapha by kingthreat(m): 5:14pm On Jul 13, 2013
Yeah the court made the right decision as it could not be proven that El Mustapha ordered the hit.
But my fear however lies that too many deaths go unpunished cos of the poor and corrupt Nigerian Law Enforcement system. My sympathies to so many that have been assasinated in the name of Nigeria with no justice merited in their honor:
MKO Abiola
Kudirat Abiola
Harry Marshall
Funsho Williams
Bola Ige
Alfred Rewane

God help us.

11 Likes

Re: Details Of Ruling That Set Free Al-mustapha by winta2007(m): 5:15pm On Jul 13, 2013
Nawa oh!
Re: Details Of Ruling That Set Free Al-mustapha by cecegorz(m): 5:16pm On Jul 13, 2013
Looks like i'm mixing things up here.
I thought Serg Rojers had earlier admitted he pulled the trigger on the lady. That Al Mustapha was being prosecuted for being the one who gave the licence to kill?
Why are they still talking about bullet being white or colored here

So, at the end of the day, sorry 15years, we still can't hold anybody responsible for the brutal murder of Kudirat?
Ain't the law justifiably an as*s?

2 Likes

Re: Details Of Ruling That Set Free Al-mustapha by pri3stess(f): 5:17pm On Jul 13, 2013
Only God knows who Killed Kudirat Abiola
Re: Details Of Ruling That Set Free Al-mustapha by mshd5: 5:17pm On Jul 13, 2013
Human beings are making their judgemnt but God is d best judge.
Re: Details Of Ruling That Set Free Al-mustapha by danny301: 5:20pm On Jul 13, 2013
Emotion and sentiment don't count in court proceedings;Judges deal with cases based on evidences before the court hence the onus of burden is on the prosecutor of every case to do thorough investigation to substantiate his/her claims in the court, in the light of this i here uphold the ruling of the appeal court....... I rest my case! ..... And before i forget,don't be surprise if Farouk Lawal is being discharged and acquitted for lack of evidence to nail him.

5 Likes

Re: Details Of Ruling That Set Free Al-mustapha by danny301: 5:22pm On Jul 13, 2013
cecegorz: Looks like i'm mixing things up here.
I thought Serg Rojers had earlier admitted he pulled the trigger on the lady. That Al Mustapha was being prosecuted for being the one who gave the licence to kill?
Why are they still talking about bullet being white or colored here

So, at the end of the day, sorry 15years, we still can't hold anybody responsible for the brutal murder of Kudirat?
Ain't the law justifiably an as*s?

If you think you are missing something go back and the read write-up again, thank God its still there.

1 Like

Re: Details Of Ruling That Set Free Al-mustapha by ThankGodEdeh(m): 5:22pm On Jul 13, 2013
kingthreat: Yeah the court made the right decision as it could not be proven that El Mustapha ordered the hit.
But my fear however lies that too many deaths go unpunished cos of the poor and corrupt Nigerian Law Enforcement system. My sympathies to so many that have been assasinated in the name of Nigeria with no justice merited in their honor:
MKO Abiola
Kudirat Abiola
Harry Marshall
Funsho Williams
Bola Ige
Alfred Rewane

God help us.
kingthreat: Yeah the court made the right decision as it could not be proven that El Mustapha ordered the hit.
But my fear however lies that too many deaths go unpunished cos of the poor and corrupt Nigerian Law Enforcement system. My sympathies to so many that have been assasinated in the name of Nigeria with no justice merited in their honor:
MKO Abiola
Kudirat Abiola
Harry Marshall
Funsho Williams
Bola Ige
Alfred Rewane

God help us.
kingthreat: Yeah the court made the right decision as it could not be proven that El Mustapha ordered the hit.
But my fear however lies that too many deaths go unpunished cos of the poor and corrupt Nigerian Law Enforcement system. My sympathies to so many that have been assasinated in the name of Nigeria with no justice merited in their honor:
MKO Abiola
Kudirat Abiola
Harry Marshall
Funsho Williams
Bola Ige
Alfred Rewane

God help us.
And Dele Giwa

1 Like

Re: Details Of Ruling That Set Free Al-mustapha by Toktee(m): 5:27pm On Jul 13, 2013
ThankGod Edeh: Justice Augie again? The same woman who discharged Ibori. As long as I am concerned, this is judicial politics. Nigerian Judges are Inpotent.......... sorry, I mean Incopetent.
Retar.d,let those who sentence him to death by hanging challenge the judgement at the supreme court na,i wonder wether you read the news before contributing the trash above,if you do,you will see that the woman debunked evry point raised by the previous ruling with facts,only an illitrate like you cannot and will not see it......."incopetent"

1 Like

Re: Details Of Ruling That Set Free Al-mustapha by Delafruita(m): 5:30pm On Jul 13, 2013
Maxymilliano:

The trial was filled with sentiments and hatred because of the people involved. The prosecution counsel did a shoddy job ab initio.
the trial was filled with hatred and sentiments because almustapha ordered the assassination.however,i have gone through the transcripts from the original trial and the appeal and i believe the judgement was the right one based on the evidence before the court.the prosecution didnt prove their case beyond reasonable doubt which is the major factor required to get a conviction.

for those that say the trial lasted too long,it did because almustapha kept coming up with ridiculous injuctions and seeking ridiculous reliefs which necessitated continous adjournments all in the name of a fair trial.sgt rogers testified in open court that almustapha ordered them to kill kudirat.he gave full details but unfortunately,he was made to recant that testimony.

this judgement doesnt erase the truth and almustapha will forever have the blood of kudirat on his head
Re: Details Of Ruling That Set Free Al-mustapha by TayoT: 5:33pm On Jul 13, 2013
I heard he's been absorbed back into the military and promoted to the rank of colonel. How true is ds?
Re: Details Of Ruling That Set Free Al-mustapha by bolarinwa01: 5:34pm On Jul 13, 2013
This is man made judge, but Almighty God would judge accordingly.
Re: Details Of Ruling That Set Free Al-mustapha by drauj(m): 5:38pm On Jul 13, 2013
Delafruita:
the trial was filled with hatred and sentiments because almustapha ordered the assassination.however,i have gone through the transcripts from the original trial and the appeal and i believe the judgement was the right one based on the evidence before the court.the prosecution didnt prove their case beyond reasonable doubt which is the major factor required to get a conviction.

for those that say the trial lasted too long,it did because almustapha kept coming up with ridiculous injuctions and seeking ridiculous reliefs which necessitated continous adjournments all in the name of a fair trial.sgt rogers testified in open court that almustapha ordered them to kill kudirat.he gave full details but unfortunately,he was made to recant that testimony.

this judgement doesnt erase the truth and almustapha will forever have the blood of kudirat on his head
I used to have an understanding that facts are brought forth in court when demanded as the case goes on. But a duration of fourteen years for a sensitive case like this, its so obvious it has taken long. Justice here has been denied no matter the outcome. Nigerian legal system . .. . smh.
Re: Details Of Ruling That Set Free Al-mustapha by drauj(m): 5:38pm On Jul 13, 2013
Delafruita:
the trial was filled with hatred and sentiments because almustapha ordered the assassination.however,i have gone through the transcripts from the original trial and the appeal and i believe the judgement was the right one based on the evidence before the court.the prosecution didnt prove their case beyond reasonable doubt which is the major factor required to get a conviction.

for those that say the trial lasted too long,it did because almustapha kept coming up with ridiculous injuctions and seeking ridiculous reliefs which necessitated continous adjournments all in the name of a fair trial.sgt rogers testified in open court that almustapha ordered them to kill kudirat.he gave full details but unfortunately,he was made to recant that testimony.

this judgement doesnt erase the truth and almustapha will forever have the blood of kudirat on his head
I used to have an understanding that facts are brought forth in court when demanded as the case goes on. But a duration of fourteen years for a sensitive case like this, its so obvious it has taken long. Justice here has been denied no matter the outcome. Nigerian legal system . .. . smh.
Re: Details Of Ruling That Set Free Al-mustapha by Toktee(m): 5:41pm On Jul 13, 2013
Delafruita:
the trial was filled with hatred and sentiments because almustapha ordered the assassination.however,i have gone through the transcripts from the original trial and the appeal and i believe the judgement was the right one based on the evidence before the court.the prosecution didnt prove their case beyond reasonable doubt which is the major factor required to get a conviction.

for those that say the trial lasted too long,it did because almustapha kept coming up with ridiculous injuctions and seeking ridiculous reliefs which necessitated continous adjournments all in the name of a fair trial.sgt rogers testified in open court that almustapha ordered them to kill kudirat.he gave full details but unfortunately,he was made to recant that testimony.

this judgement doesnt erase the truth and almustapha will forever have the blood of kudirat on his head
"Sgt rogers was made to recant the testimony"remember rogers was the federal government witness,so sir that is where i have a problem,he was "made" to recant his earlier testimony by who?
Re: Details Of Ruling That Set Free Al-mustapha by drauj(m): 5:42pm On Jul 13, 2013
pri3stess: Only God knows who Killed Kudirat Abiola
God and those who committed it.
Re: Details Of Ruling That Set Free Al-mustapha by mu2sa2: 5:49pm On Jul 13, 2013
The only reason they wanted al-mustapha hanged was because of his association with Abacha. I said it in my earlier posts b4 this appeal judgment that al-mustapha was convicted for political reasons. The shameless lagos state court judge took his orders from fellow tribalists - the evidence was so discredited that even satan would hesitate to send someone to the gallows based on it. Kudos to the three women judges who reversed the sham decision arrived at after a show of shame at the state court misnamed a trial.

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