Reflections on Al-Mustapha’s trial

The verdict of the appellate court nullified the death penalty passed on both Major Al-Mustapha and Alhaji Lateef Shofolahan in January 2012 by a Lagos High Court. The two accused persons were sentenced to death by hanging by the High Court having been found liable for the murder committed on June 4, 1996. In her […]

The verdict of the appellate court nullified the death penalty passed on both Major Al-Mustapha and Alhaji Lateef Shofolahan in January 2012 by a Lagos High Court. The two accused persons were sentenced to death by hanging by the High Court having been found liable for the murder committed on June 4, 1996.
In her lead judgment, Justice Rita Pemu said “there was no straight circumstantial locus that Al-Mustapha conspired with anybody to murder the wife of Chief M. K. O. Abiola”. The arguments presented by Justice Rita to void the judgment of the lower court reveal the anxiety by it (the lower court) to, in the words of Justice Rita, “secure a conviction at all cost”. Justice Rita’s arguments, if truth be told, exposed the errors that characterized the judgment of the lower court.
Weaknesses in the judgment of the High Court include the inability of the prosecutor to tender the bullet extracted from the deceased for cross examination; the investigating police officer who was the principal witness  that investigated the death of the deceased failed to appear in court to prove his case; Sgt Rogers and Mohammed Abdul as Principal witnesses told the court that they were cajoled by the prosecution to indict the appellant with a promise to give them monetary compensation; and a person initially arrested as a co-defendant was later “converted” in to a prosecution witness. All these put together say a lot about the lapses in the judgment of the lower court.
It was considered unimaginable by Justice Rita that the lower court did not expunge the prosecution evidence typified by contradictions in the testimonies of witnesses. Conjectures should not have served as basis for convicting the appellants by the High Court. The prolonged years of hearing in the case provided an essential ground for all the intrigues that characterized the trial of the suspects. Justice Rita described it as regrettable that the accused were incarcerated for 15 year on conjectures.
Members of Chief M. K. O. Abiola’s family and many of his associates would not be happy with the verdict of the Court of Appeal. In any case, the lead judgment delivered by Justice Rita and endorsed by Justice Amina Augie and Fatima Akinbami should be respected by all in the same way that the judgment of the lower court was before now revered by all parties; imperfect though every judgment might appear to one or more of the parties in a case. The fact, however, is that Kudirat was shot. But the big question which remains unanswered and which the prosecution has failed to establish is “who pulled the trigger?
As this column welcomes Al-Mustapha from the predestined bondage he suffered for a decade and half, he is consoled to regard his trial as a trial from his creator. Allah (SWT) puts His servants to trial in various ways. While some are tried through power, wealth, children, and women; others are tried through sicknesses and predicaments such as poverty, unemployment, and bankruptcy. As one of the spiritual objects of trial, Al-Mustapha is enjoined to consider his trial as a source of spiritual strength that would increase him in his faith and fear of Allah (SWT).
Al-Mustapha’s acquittal could also be seen as reflective of Hadith 19 of Annawawi’s collection of forty traditions. In this hadith, Abdullahi bn Abbas said: “I was behind the Prophet (SAW) when he said, ‘O young man, I will teach you some words (of wisdom). Keep fast hold on Allah, He will preserve you…know that if (a community) were to make a united effort to harm you in any matter, they would not harm you in anything except what Allah has prescribed for you. The pen has been lifted and the pages are dry”. This hadith related by Attirmidhi reminds us that whatever hits you could not have missed you.
When this column some years back called for the speedy but fair trial of Major Hamza Al-Mustapha, some readers in a weird rage of responses condemned the call; describing the accused as well as this column as killers.
Having gone through a very rough trial such as this, we counsel Al-Mustapha to have a large heart to tolerate others including his perceived foes. Envy is part of those things that make man human.
After one week of his release, Al-Mustapha must have realized by now that more retrogressive changes rather than progressive have taken place in Nigeria during his absence. I advise Al-Mustapha not to take offence when he sees soldiers doing what should professionally and ordinarily be police work; or express surprise at the “triumph of corruption” when he reads in newspapers that public officers who steal public funds do so in billions of naira and such officers shake hands with Mr. President on the latter’s return for a foreign trip.
Government is urged to pay up all entitlements due to Major Hamza Al-Mustapha including his promotions in the military. May Allah (SWT) guide us to at least hate injustice in our hearts if we cannot stop it with our hands or tongue, amin.