JUSTICE Mojisola Dada of a Lagos High Court sitting in Igbosere yesterday fixed July 14, 2011 to deliver ruling in the no case submission instituted by former Chief Security Officer (CSO) to the late military Head of State, General Sani Abacha, Major Hamzat Al-Mustapha and two others facing criminal trial over their alleged involvement in the murder of Alhaja Kudirat Abiola.

Justice Dada fixed the date shortly after counsel in the matter argued and adopted their written addresses before the court.

While adopting his written address, Olalekan Ojo, counsel to Al-Mustapha, Alhaji Lateef Shofolahan who was an aide to the late Alhaja Abiola and Rabo Lawal who was head of the anti-riot squad in Aso Rock, had urged the court to dispense justice in accordance with the law and not on rumours and sentiments.

Ojo submitted that the court has a constitutional duty to discharge and acquit the defendants since the prosecution was not able to establish a prima facie case against them, adding that the case of the prosecution must be cogent for it to compel the defendants to prove their innocence.

“The court cannot rely on the statement contained in the proof of evidence. There was no legally admissible evidence before the court during trial of the defendants,” Ojo said.

He submitted that there was need for sufficient evidence to be presented before the court, just as he added that the evidences of the prosecution have been discredited following cross-examination by prosecution witnesses.

“There is no sufficient evidence against the defendants for them to be convicted. Discredited evidence is no evidence. A no case submission involves absence of evidence,” he added.

Ojo insisted that the prosecution witnesses two and three were induced to say what they told the court because they are on the pay roll of the state.

While praying the court to discharge and acquit the defendants, he urged the court to uphold the no case submission of the defendants.

But the prosecuting counsel, Lawal Pedro (SAN), in his reaction submitted that the court should determine whether the prosecution has not established a case against all the defendants.

“Circumstantial evidence is enough for the court to convict the defendants. I pray the court to call on the defendants to open their defence,” Pedro said.

It will be recalled that Justice Dada had at the last adjourned date declared as null and void, application of the prosecution seeking the court to reopen its case in the trial.

The judge in her ruling on the application also held that the application lacked merit and that attempts by the prosecution to make the court reason with it is an attempt to defeat the order of court.

She also ruled that the said application amounts to prosecutorial rascality, adding: “It was an insult and an affront for the court to have ordered a case closed after five months and four adjournments for one witness who happens to be a very high officer in the police and a lawyer; and such officer refused to come to court after being repeatedly asked to come to give his witness.

“And for the prosecution to have told the court that the court rushed to close its case is an affront to justice, especially when an order of the court is not being respected by Lawal Pedro (SAN), lead counsel to the prosecution, who happens to come from the Ministry of Justice.

“The court is not an extension of the Ministry of Justice. The court restates the earlier order and asks the prosecution to submit their response to the no case submission of the defendants,” she declared.

Free Al-Mustapha - Our Country Hero

Often, One can neither speak of 'CRIME' without punishment nor 'PUNISHMENT' without crime. This is the country whereby there is nothing called LAW.

A person is innocent until proven guilty.

To prevent abuses of law and justice, governments should not have the power to jail suspects without a trial. Every person is innocent until proven guilty by a jury of his or her peers. The jury has the responsibility of hearing the facts and deciding upon the case, and unless they decide the person is guilty, the government should have no right to jail a person.

Jailing a suspect without trial goes against basic human rights, and essentially convicts a suspect without giving them due process. This is not only unfair, but I also believe it should be illegal. All suspects deserve the right to a fair trial, if necessary, and should not be subjected to treatment as a criminal if they are not yet a convicted criminal.


Wondering how could Government nailed someone for 14yrs without Evidence. would be different if there is no material evidence to prove the suspect guilty. It is time all Nigerians must look into this matter. There is more to it, there has been bias, the truth has not been said. Basically I got interested in the case because hard evidence at my disposal unequivocally shows that the case has been built on a long line of inconsistencies and injustices.


My question is how long, how many year should Government continue to nail Al-Mustapha. Its time we all Nigerians to say "FREE AL-MUSTAPA". All the allegations laid against him are worthless and false. All the media company both News Paper and Magazine have all been bribed saying all sort of things that are not true about the Al-Mustapha case on the charges of killing the Late Alhaja Kudirat Abiola. A powerful man in this Nation bought and burnt down News Paper All Nigerian should read which proven Al-Mustapha as Innocent (The Guardian Sunday, September, 2011) Major Hamza Al-Mustapha has consistently maintained his innocence. He is our country Hero "Free Al-Mustapha".

Its Time, The Oppressed Shall Rise