You can’t clarify contradictory statement again, court tells al-Mustapha

Major Hamza al-Mustapha lost the chance to clarify contradictions in his written statement he allegedly made before the Special Investigative Panel in 1999 and his oral testimonies in court at the Lagos High Court on Monday.


The trial judge, Justice Mojisola Dada, gave the order in a ruling to stop al-Mustapha’s counsel, Olalekan Ojo, from re-examining the former Chief Security Officer to the late Head of State, Gen. Sani Abacha, after the prosecution closed cross-examination.

The prosecution, led by Mr. Lawal Pedro (SAN), began cross-examining al-Mustapha on July 8 and brought it to a close at the Monday’s proceeding.



Major Hamza al-Mustapha



Justice Dada, in the ruling dismissed the application of al-Mustapha’s counsel, Ojo, seeking to re-examine him on the statement on the grounds that his client had denied making the statement.

The judge had directed al-Mustapha’s counsel to address any ambiguity in his client’s statement in his final written address.

The judge re-iterated in the ruling that “whether or not the witness (al-Mustapha) made the statement is yet to be determined by the court.”

Ojo, in urging the court to allow his client give explanations on the content of the statement, said it would not be possible to do so in the event that the court ruled that the statement was that of his client.

He said, “Having been admitted as exhibit and since the witness cannot have a second bite at his cherry, My Lord, there two possibilities.

“If your Lordship holds that the witness made the statement there is no way the witness will be able to react to it.

But the judge insisted saying, “What is he going to react? He said it is not his statement and I refused the learned SAN (Pedro) to ask the witness questions on the statement.

Al-Mustapha was said to have made the said statement in 1999 before the SIP under the convening authority of Col. Kayode Are, the then Director-General of the State Security Service.

The SIP was convened in 1999 to investigate the murder allegations al-Mustapha and others were linked to under the military regime of Abacha.

The statement, which al-Mustapha read in court on Thursday after it was admitted as exhibit, contradicted his oral testimony on his relationship with Shofolahan with whom he was accused of conspiracy to kill Kudirat Abiola.

Al-Mustapha and Lateef Shofolahan are standing trial for the murder of Kudirat wife of the acclaimed winner of the June 12, 1993 presidential election, Chief M.K.O. Abiola.

Earlier, the court had admitted as exhibit, a certified copy of a Supreme Court judgment that absolved Mohammed Abacha, son of the late Gen. Sani Abacha, from the charge of the murder of Kudirat Abiola.

The judgment in the suit number SC/290/2001 and delivered on July 11, 2011 overruled a Lagos High Court, stating that there was no prima facie case against Mohammed.

It was tendered by the prosecution counsel to contradict al-Mustapha who claimed that the Supreme Court held in the judgment that their trial for the murder was “persecutorial”.

The matter was adjourned till today (July 16) for the defence to call another witness.
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