Lagos vows to appeal verdict on Al-Mustpha, others

LAGOS State Attorney-General and Commissioner for Justice, Olasupo Sasore,  has stated the intention of the state to appeal against Tuesday’s  ruling of Justice Mufta  Olokooba, which set the former Chief Security Officer (CSO) to the late Military President Hamza Al-Mustapha and others free on attempted murder charges on the basis that the prosecution had not made  a prima facie case.


The attorney general said the discharged persons were charged with conspiracy to commit the murder of the Publisher of The Guardian  Alex Ibru contrary to Section 324 of the Criminal Code Cap C17 volume 2, Laws of Lagos State 2003, attempted murder contrary to Section 320 of the Criminal Code, causing grievous harm contrary to Section 335 of the Criminal Code and arson contrary to Section 443 of the Criminal Code.

The prosecution called nine prosecution witnesses while the defendants at the close of the prosecution’s case made a no submission case which the court in its  ruling upheld, thereby discharging and acquitting the suspects.

He said: “We are of the firm view that the prosecution after two years of hearing, having led sufficient evidence (the state called nine witnesses, tendered numerous exhibits including testimony from the Special Investigations Panel – SIP), has made out a prima facie case against the defendants and that they should be called upon to answer the charges brought against them on the merits.  The state is confident that the appeal will raise substantial issues.”

The judge in his ruling on Tuesday on the no case submission instituted by Al-Mustapha and others, declared that the evidence on all the counts preferred against the accused were thoroughly worthless, adding that there was no evidence of conspiracy as alleged on the first count. “I hold that no prima facie case has been established against the accused persons. I hereby acquit and discharge them”, the judge said.

However, the second defendant (Al-Mustapha) and fourth defendant (Mohammed Rabo Lawal) both have cases to answer in the Kudirat Abiola murder trial and will remain in prison custody till that case is decided while the first accused person, James Danbaba and the third accused person, Jubril Bala Yakubu breathed the air of freedom as they were officially released from  prison.
Source:http://www.ngrguardiannews.com/