Ibru attempted murder: Court frees Al-Mustapha, others

Former Chief Security Officer (CSO) to the late Head of State, General Sani Abacha, Major Hamza Al-Mustapha and three others were on Tuesday discharged by a Lagos High Court of the charge of attempted murder preferred against them over the 1996 attempt on the life of The Guardian Publisher, Alex Ibru.

Others set free alongside Mustapha by Justice Muftau Olokoba include: Chief Suprintendent of Police
(CSP), Mohammed Rabo Lawal who was the head of the Aso Unit of Mobile Police; former military administrator of Zamfara State, Col. Jubrin Bala Yakubu and former commissioner of police, Lagos State, James Danbaba.

However, only two of the freed men, Danbaba and Yakubu would regain their freedom based on the ruling of Justice Olokoba, while Mustapha and Rabo Lawal still have murder charge hanging on their neck in another court over their alleged role in the April 1996 murder of the late Kudirat Abiola, wife of the winner of June 12, 1993 election, Chief MKO Abiola.
In his ruling, the trial judge upheld in no case submission argued by lead defence counsel, Olalekan Ojo and held that the prosecution failed to establish any prima-facie case against the accused persons.

“In the final result of no case submission, I hold that no prima-facie case has been made against all the defendants in respect of the count of the charges. They are accordingly acquitted and discharged,” said Olokoba.
According to Justice Olokoba, the evidence adduced by the prosecution was thoroughly discredited under cross-examination. “I therefore hold that there is no credible evidence in support of the six-count charge preferred against the accused persons.”

The judge said no reasonable court or tribunal could convict any accused person based on such discredited evidence. The trial of the accused persons had earlier commenced before retired Lagos State chief judge, who was then a sitting judge in 1999. The case was later transferred to Justice Olubumi Oyewole who took his hands off the trial of the four defendants following the separation of their charge from Lieutenant General Ishaya Bamaiyi who was co-defendant in the same charge.
The trial would go in history as one of the longest criminal trials in the country as the defendants were first arraigned before a Lagos Magistrate Court in October 1999 before they were formally brought before high court where Justice Alabi was presiding.

Controversies have trailed what led to the handing off of the matter by Justice Alabi who was falsely accused of demanding a sum of 10 million dollars. The allegation was later investigated by special panel set up by National Judicial Council, which gave Justice Alabi a clean bill of health. Also, the star witness in the matter, Barnabas Jabila, alias Sergeant Rogers, who in his earlier testimony said the accused persons were involved in the matter later contradicted himself after several years as he gave testimony that he was induced to testify against the defendant. 


Source:Sun