Al-Mustapha acquitted by courageous judges – Nzelu
Major Hamza Al-Mustapha was recently released by an Appeal Court in Lagos, what is your take on that? It is a welcome development and I feel very happy that after 14 years behind bars, the court has judged him not guilty of the alleged offences. I am an insider in this matter. We fired the […]
Major Hamza Al-Mustapha was recently released by an Appeal Court in Lagos, what is your take on that?
It is a welcome development and I feel very happy that after 14 years behind bars, the court has judged him not guilty of the alleged offences. I am an insider in this matter. We fired the first salvo in the case before the Federal High Court in Abuja. On 29 September, 1999, the former Attorney General of the Federation and Minister of Justice, Clement Akpamgbo (now late), and myself filed an application seeking the leave of the court to enforce the fundamental rights of Major Hamza Al-Mustapha. The presiding judge, Justice Ibrahim Ndahi Auta, granted the leave on the next day. The following day, almost all the newspapers carried the story. Before the returning date, Al-Mustapha was moved to Lagos and arraigned before an Ikeja Chief Magistrate Court which issued an order of remand and that was the beginning of 14 years travail that ended penultimate Friday.
I give thanks to Akpamgbo who started this battle when most people ran away from it, even though he is no longer alive today, I believe he is happy in the grave that justice has been done at last to this young man who served this country faithfully, dutifully. In an Army dealing with regimentation, there is no way a junior can say no to a command of a senior.
We represented Al-Mustapha for over eight years in this matter. We appeared in the Oputa panel for him. The panel was constituted to look into injustices and high-handedness by previous governments. But there was particular emphasis on the Abacha regime. So there were several petitions against that administration. I am happy the Court of Appeal in Lagos unanimously said he should go home.
Could you let us into the details of how he was arrested?
He was arrested first by former Head of State General Abdulsalami Abubakar on phantom coup allegations at the 82 Division of the Nigerian Army, Enugu in 1998. Thereafter, he was brought to Abuja and ex-President Olusegun Obasanjo ‘ inherited’ him and he was arraigned in Lagos. First he was detained at Ikoyi prison before he was moved to Kirikiri prison.
He was kept in the normal cell where he was cleanly dressed, neatly shaven. We had access to him then. But when he was sentenced to life imprisonment, he was moved into the condemned criminals cell (CCC). He remained there for 18 months before he was set free by the Appeal Court.
Considering the sentiments and mixed reactions that have trailed this case, how would you describe the judges that delivered this judgement?
They are courageous. You see when things start getting difficult and you want an honest way out of it, put a woman there. During the Apo six hearing, it was Justice O. Goodluck that sat on the panel and held that these victims were not armed robbers as alleged.
In the Al-Mustapha case, it took three judges, all of them female, to say no, the trial judge went on a voyage of her own to fish evidence where none existed. Yes, there are political considerations. But the law is very settled on these issues; politics and law are two parallels. The Appeal Court judges told the trial that, ‘you erred in law; that even when Barnabas Jabila, alias Sergeant Rogers recanted the evidence he gave earlier, and the police could not produce exhibits, you still went ahead to say that these men should die by hanging’.
How do you assess the Nigerian judiciary considering Al-Mustapha’s 14 years’ ordeal?
Justice in Nigeria is no justice. But we are encouraged by the judicial reforms being done by the Chief Justice (CJN), Justice Aloma Mukhtar. We don’t have it in our jurisprudence what will happen to a man whose time has been wasted for about 15 years; the prison reforms have not made provisions about the type of compensation for a man who wasted the active part of his life in prison. Al-Mustapha got in there at 39 now he is 54 years. He lost his parents while in prison and got disconnected from his family.
In form of rehabilitation, what would you advise him to do next?
He is now in Kano after spending two days in Lagos. Now he has come out, he has to first have a quite time with his family, dine with them. It is too early to advise him on what to do. He should take out time to overhaul himself. Examine everything about his life and ask God for direction. Let him give time to his family. One thing I know about him is being mentally alert, very sound upstairs; first class brain. That was why I insisted that this kind of brain should not be wasted.
How do you see his survival despite the travails he went through?
I see him as a child of destiny. Al-Mustapha has something to offer this country, take it or leave. God spared him for a purpose. Nobody has emerged from that valley of the shadow of death that did not turn out great. Anybody that has been excruciated, that is a training period. Obasanjo went from prison to palace. He is going to be important for Nigeria; he is just 54, life starts at 70 (laughs).
Finally, do you have some words for critical parties in the case?
The Abiola family, and whoever must have felt offended in the whole scenario, including Al-Mustapha himself, must learn to forgive and forget. Vengeance is of the Lord.