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MAJOR HAMZA AL-MUSTAPHA V. THE STATE

(2013) JELR 35840 (CA)

Court of Appeal  •  CA/L/469A/2012  •  12 Jul 2013  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA RITA NOSAKHARE PEMU JCA FATIMA OMORO AKINBAMI JCA

Appearances
J.B. DAUDU (SAN), HABEEB OREDOLA ESQ, ADEDAYO ADEDEJI ESQ, E. YELWA (MISS) AND A. AINA (MISS) For the Appellant; LAWAL PEDRO (SAN), FEMI ADAMSON (ACSC) For the Respondent.

Judgement
<p><strong>RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): </strong>The Appellant, in a 326 pages Judgment of the High Court of Justice, Lagos State in Charge No ID/37C/03 Coram Moji Dada J. was convicted for the offences of conspiracy to murder and murder of Alhaja Kudirat Abiola.</p><p> The charge initially included Chief Superintendent of Police Mohammed Rabo Lawal, but he was discharged on a no-case submission made on behalf of the Defendants.</p><p> FACTS OF THE CASE</p><p> The case of the Prosecution is that the Appellant conspired with another to murder and allegedly did murder Alhaja Kudirat Abiola on the 4th of June, 1996, along Lagos-Ibadan expressway opposite Cargo Vision Ikeja Area of Lagos State. The Prosecution called four witnesses, namely Dr. Ore Falomo (PW1), Barnabas Jabila a.k.a. Sgt. Rogers (PW2), Mohammed Abdul a.k.a. Katako (PW3) and D.C. Yusuf (PW4), while the Appellant called 2 witnesses and testified himself.</p><p> The facts leading to this appeal can aptly be put as follows. This trial starโ€ฆ</p>

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