A Lagos High Court yesterday discharged and acquitted Hamza Al-mustapha, a major and former chief security officer (CSO) to the late military dictator, Sani Abacha, and three others standing trial for the attempted murder of the publisher of The Guardian newspapers, Alex Ibru.
Those being tried alongside Mr Al-Mustapha were former Lagos State Police Commissioner, James Danbaba; former Zamfara State military administrator, Jubrin Bala Yakubu; and former head of the Aso Rock Anti-Riot Police, Rabo Lawal.
The presiding judge, Muftau Olokoba, in his ruling on the ‘no case submission’ instituted by Mr. Al-mustapha and others, declared that the evidence on all the counts preferred against the accused are thoroughly worthless, and that there is no evidence of conspiracy alleged on the first count.
“I hold that no prima facie case has been established against the accused person. I hereby acquit and discharge them.”
No case to answer
U.C. Ikegbule, counsel to the third accused person, had argued that where an essential element has not been proved, his client has no case to answer.
“In proving the allegation of attempted murder of Alex Ibru, the prosecution was not able to show that the defendant actually has the intention to kill the publisher of Guardian Newspapers.”
He urged the court to disregard the testimony of prosecution witnesses who have at one point or the other contradicted themselves during cross examination.
Mr Ikegbule also noted that none of the prosecution witnesses mentioned the name of his client in the alleged crime.
He also averred that, “The prosecution have failed to make a prima facie case against the defendants as to conspiracy to kill Alex Ibru and Isaac Porbeni, a former commissioner of sports in Delta State as alleged. The prosecution has also failed to produce the original tapes of the Special Investigation Panel that carried out investigations into the alleged crime in spite of long adjournments.”
He then urged the court to acquit and discharge his client.
On his part, counsel to the first accused, C.K. Nmakwe had on November 3, 2010 while adopting his written address prayed the court to acquit and discharge the 1st accused of all allegations preferred against him by the prosecution.
Mr. Nmakwe who urged the court to consider if the prosecution has established a clear case against his client, argued that the court cannot convict the accused on allegation of conspiracy when there is no evidence before the court to prove same.
According to him, “The prosecution was not able to establish that the first accused caused serious bodily wound on Mr. Ibru as was suggested by the prosecution. The burden of proof is solely the responsibility of the prosecution and not the accused.”
Even Olalekan Ojo, counsel to Mr. Al-Mustapha and Mr. Lawal, argued that it would be unjust if the prosecution continues to subject his clients to trial when it cannot prove that they committed the alleged offence.
“There has been no legally admissible evidence against the accused persons by the prosecution. The court should consider the failure of the prosecution to call on Investigating Police Officers (IPOs) who took statements from the accused to testify before the court,” he said.
However, prosecution counsel, Gbadebo Oshoala, told the judge that the accused persons knew about the attempted murder of Ibru and, therefore, has a case to answer.
He urged the court to discountenance the written submissions of the accused persons and rule against the accused accordingly.
Shortly after the court handed its decision on the matter, family members and sympathisers took to the streets around the court to celebrate the victory which they said has taken a long time to come.
Mustapha can’t go home
In a swift reaction to the ruling, Mr. Ojo said, “James Danbaba, former commissioner of police in Lagos State would go home, the third defendant, Colonel Bala Yakubu, former military administrator of Zamfara State would go home. But my client, Al-mustapha and Rabo Lawal can’t go because of the case before Honourable Justice M.A Dada.”
“It must be realised that it was the same set of witnesses that gave evidence before Justice Olokoba, were the same set of witnesses that gave evidence before Justice Dada. But I can say, that the evidences before Justice M.A. Dada who is handling the case of alleged murder of Kudirat Abiola by the defendants is even much more damaging, contradictory and repudiatory than what they had before Justice Olokoba.
“What I expect of any honourable prosecution is to throw in the towel and withdraw the case.”
Source:http://234next.com/
No comments:
Post a Comment