AL MUSTAPHA’S CASE: JUSTICE DELAYED.

AL MUSTAPHA’S CASE: JUSTICE DELAYED.

Have you heard of the Slogan ‘Justice delayed is justice denied’! that’s how best I wish to describe the Al Mustapha’s case. A lot of people are moaning and angry about the final decision of this case. My God, the man walked out of the court room a freeman after over ten years of trial. Honestly I am shocked that people are angry. Al Mustapha’s case is simply a reflection of the rot in our judiciary and police system. A man commits an offence, or is accused of committing an offence, he is arrested, charged to court, and for one year, trial has not commenced, the court keeps adjourning the case, the witnesses are not available, you have to constantly look for them, the Investigating police office (IPO) who is also a witness is never available, he may be on police academy course today, or tomorrow, he is on transfer to another state. When the IPO finally makes his appearance, then the court discovers that there is no sufficient evidence, while we are trying to sought out the issue of evidence, the judge is transferred to another state or court, sacked or retired, then a new judge steps in and the case starts afresh. Then we go back to the same delay tactics, adjournment upon adjournment. When its time to give evidence, there is no more evidence, reasons not far fetched, the IPO in the first place did not do proper investigation, no proper records, the ones in the cold room went bad because no constant electricity to keep them in their original form, or maybe Boko Haram, bombed the police station were the records were kept, or the record room got burnt and the fire service could not get there on time to put off the fire, or fire service had no water to put off the fire, so all evidence  were lost. While all these are happening, time is going, guilty or not guilty man is still in prison, on the awaiting trial list. While we are still on trial, the judge is transferred again, this time, the case is half way gone, so the lawyer for the accused may apply that the matter be transferred to the new court where the judge has been moved to, that may take another year before approval is granted. That’s how people waste time in our courts. Finally its judgment day with little or no evidence, the accused or defendant is found not guilty, discharged and acquitted. Our judiciary/ police system is sick and in dying need of rehabilitation, though some states are improving we still have a long way to go. That’s why Al Mustapha walked out of the court and prison a freeman, no evidence and no proper investigation. My heart goes out the innocent men and women rotting away in our prisons. 

By: Halima Musa-Bakwunye  

WIKIPEDIA: “Hamza al-Mustapha was the Chief Security Officer (CSO) of General Sani Abacha, military head of state of Nigeria from November 1993 to June 1998. After Abacha's death he was arrested and tried for murder and attempted murder of Kudirat Abiola. On 30 January 2012, a Lagos High Court sitting at Igbosere convicted Major Hamza Al-Mustapha over the murder of Kudirat Abiola, the wife of the acclaimed winner of the June 12, 1993 Presidential election, Chief Moshood Abiola. He was also sentenced to death by hanging but was discharged and acquitted of the crime by the appeal court, Lagos division on Friday, July 12, 2013. The appellate court said there was not enough evidence to incriminate Al-Mustapha in the murder of the Late Kudirat Abiola. On 12 July 2013, The Court of Appeal in Lagos discharged and acquitted Hamza Al-Mustapha from the murder of Kudirat Abiola. The verdict overturned that of the Lagos High Court which sentenced him to death by hanging. The presiding judge, Justice Rita Pemu, accused the lower court jude, Justice Mojisola Dada, of being ‘‘stroked to secure a conviction by all means.’’ Consequently setting Al-Mustapha free.’ Extracted from WIKIPEDIA