CAMPAIGN FOR JUSTICE AND FAIRNESS

28th September, 2011.

Honourable Justice Mojisola Dada,
High Court of Lagos State,
High Court Complex Igboshere,
Lagos State.

Your Lordship,

THE DANGER OF FOLLOWING AFTER THE CROWD – THE HAMZA AL – MUSTAPHA TRIAL.

We have scrupulously and painstakingly followed all judicial proceeding instituted by both the Federal and Lagos State Governments since the arrest of Major Hamza Al – Mustapha in 1998. As a responsible Non Governmental Organization, we have maintained neutrality in the raging debates and sent our lawyers to observe proceedings as they unfold. We have also observed the delicate handling of proceedings by Your Lordship in the trial of Major Al – Mustapha and Alhaji Lateef Shofolahan for the alledged conspiracy and murder of Alhaja Kudirat Abiola. We commend Your Lordship.

However we are conscience bound to promote and support social justice and fairness; hence our decision to write Your Lordship this letter as the day for judgement to be delivered in the trial is fast approaching following the close of arguments. We therefore write from an informed position.

My Lord, in ancient Isreal Judges and those who served as witnesses in judicial proceedings were admonished of the dangers of following after the crowd (the same still applies worldwide). This is because it is not uncommon for humans to yield to pressure from powerful quarters, personal bias, public sentiment and pervert justice.

This trial has been described as “the mother of all cases” instituted against Major Al – Mustapha and powerful forces have swayed public opinion using lies promoted via sensational headlines in the media. They have churned out artfully contrived false stories in alarming propensity. My Lord, the evidence adduced during the trial reveals that the case has been built on a long line of inconsistencies and cleverly concocted sensationalism.

As Your Lordship is well aware, in criminal cases the burden of proof is on the prosecution to prove beyond all reasonable doubt. A careful analysis of the testimonies of prosecution witnesses 1 & 2 Sgt. Barnabas Jabila Msheila (aka Roger) and Mohammed Abdul (aka Katako) during examination – in – chief and cross examination reveals glaring inconsistencies which should cast an enormous shadow of doubt on the minds of right thinking members of society as to their accuracy and reliability. After the initial testimony of Roger in examination – in – chief that he was briefed by Major Al – Mustapha on the 4th of June, 1996 to kill Alhaja Kudirat Abiola and that he carried out the operation on the same day, he later recanted under cross examination. He admitted in open court that he was persuaded and forced by agents of the State to implicate Major Al – Mustapha in the murder of Kudirat in return he was promised 10% of the alledged Abacha loot, foreign posting for him and jobs for member of his family. He also admitted that he co – operated with the Special Investigation Panel (SIP) after two (2) weeks of intense torture by the State Security Service (SSS).

Also, Mohammed Abdul (Katako) the alledged driver of the vehicle that drove Rogers to murder Alhaja Kudirat Abiola, admitted under the fire of cross examination that he did not know the popular 7up junction in Lagos where the murder took place. He also did not know the type of car he allegedly drove to carry out the operation and that he was not in Lagos throughout the month of June, 1996. My Lord, the evidence shows that on the day Kudirat was murdered, Katako was in Azare in Bauchi State getting married to his first wife. The unanswered question is can Katako be in Bauchi marrying his wife and also be in Lagos on the same day and time to kill Kudirat?

On the charge of conspiracy to commit murder, simple logic shows that it takes two people who know each other and have the same goal to commit a felony. Can two act except they agree? And is it not reasonable to conclude that two cannot agree except they know each other? The evidence which was not controverted by the prosecution shows that the second defendant Alhaji Lateef never knew or met each other personally or through a privy until they met at the SIP panel, many months after the alleged crime was committed.

Your Lordship, the evidence when examined reveals a powerful plot to tarnish the reputation of the defendants and destroy them completely. We commend to Your Lordship the famous words of former US President Theodore Roosevelt in his speech “ The man with the muck rake” delivered during the laying of the corner stone of the House of Representatives in Washington DC in 1906. He wrote:

“Gross and reckless assault on character, whether on the stump,
in newspapers, magazines or books creates a vicious public
sentiment and at the same time act as a profound deterrent to
able men of normal sensitiveness and tend to prevent them from
entering public at any price …. In the case of crime, if it is attacked
in sensational, lurid and untruthful fashion, the attack may do
more damage in the public mind than the crime itself. It is because
I feel that there should be no rest in the fight against forces of evil
that I ask that the war be conducted with sanity as well as with
resolution”.


Your Lordship, we have not written this letter to attract sympathy or to make Your Lordship accept our informed opinion based on the evidence adduced during the trial. What we seek is for Your Lordship to decide fairly and honestly and in the words of Emma Goldman “with the patriotism of a man who loves a woman with open eyes. He is enchanted by her beauty but sees her faults”. Please forget that Major Al – Mustapha served as Chief Security Officer (CSO) under the Abacha regime. Please forget that Al – Mustapha is a soldier, please forget that some powerful Nigerians are sworn enemies of Al – Mustapha and have all the means to manipulate public opinion. Please forget the rewards powerful forces can offer Your Lordship in return for the perversion of justice and the condemnation of innocent men. Your Lordship, MERELY CONSIDER THE EVIDENCE WITHOUT ANY COLOURATION. Has the prosecution proved the charges of conspiracy and murder against the defendants?

Please permit us to adopt the words of Emma Goldman during her address to the jury of the United States District Court in the city of New York on 9th July, 1917. Charged for conspiring to obstruct the draft with Alexander Berkman, she said:

“I take it that you are sincere enough and honest enough and brave enough to render a verdict according to your conviction, beyond the shadow of reasonable doubt”.

Do not feel pressured to follow after the crowd. We commend to Your Lordship the courage displayed by your Learned Brothers Honourable Justice Dan Abutu (former Chief Justice of the Federal High Court who heard the treasonable felony charge against Major Al – Mustapha) and Honourable Justice Muftau Olokooba of the High Court of Lagos State (who after hearing the sister case of arson and attempted murder on Alex Ibru and Isaac Porbeni, held that the charge was an “arrangee charge”). In both cases, your Learned Brothers discharged and acquitted Major Al – Mustapha.

Consider also the plummeted reputation of Honourable Justice Ibrahim Auta (serving chief Justice of the Federal High Court) who followed the negative and false testimonies of the crowd conjured by powerful Nigerians and SHELL, and convicted the Ogoni Hero Ken Saro – Wiwa and eight ( of his kinsmen on false charges of murder. Today the world knows how the trial of Saro – Wiwa was manipulated. Respectfully, may Your Lordship never be in that position.

May Your Lordship be wary of the dangers of following after the crowd. Please decide fairly and honestly for there is a Judge in heaven greater than Your Lordship.

Thank you very much.

Yours faithfully,
FOR: CAMPAIGN FOR JUSTICE AND FAIRNESS

ANNAH NEKABARI.