The Court in a unanimous decision ruled that there was
no direct circumstantial evidence that he conspired with anyone as evidence of
prosecution witnesses in that regard were contradictory.
Channels TV legal correspondent, Shola Soyele who is in the
court reports that, Justice Rita Pemu who read the lead judgment held that
there was no direct circumstantial evidence that he conspired with anyone as
evidence of prosecution witnesses in that regard were contradictory.
She further held that based on facts and evidence
before the court, it is certainly not Al-Mustapha who pulled the trigger and
murdered Alhaja Kudirat Abiola.
The Court holds that he is liable to be discharged and
acquitted.
Justice Amina Augie who is the presiding Judge has just
concurred with the lead judgement as read by Justice Rita Pemu.
Third Judge, Justice Fatima Akinbami has also agreed
with the lead judgement meaning that the ruling is unanimous.
The court awaits the judgement on Al-Mustapha’s
co-accused, Lateef Shofolahan.
The duo of Al-Mustapha and Shofolahan had appealed
against the judgment of a Lagos High Court, which sentenced them to death for
the June 4, 1996 murder of Kudirat Abiola, wife of the deceased winner of the
June 12, 1993 presidential election, Chief MKO Abiola.
Justice Mojisola Dada of the Lagos High Court had
found them guilty of the offence, and accordingly convicted and sentenced them
to death by hanging.
Counsel to the appellants had however, appealed to the
Court of Appeal, 24-hours after the sentence of the convicts.
In the notice of appeal, the appellants contend that
the death sentence handed by the lower court was unwarranted, unreasonable and
a manifest miscarriage of justice.
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