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CaseLaw

Abacha V. State (2002) CLR 7(a) (SC)

Judgement delivered on July 11th 2002

Brief

  • Interlocutory decisions
  • AG’s discretion to prosecute offenders
  • Quashing an Information
  • Accessory after the fact
  • Conspiracy
  • Proof of evidence

Facts

The Attorney-General of Lagos State, through the Director of Public Prosecutions by a letter to the Chief Registrar, High Court of Lagos State wrote inter alia as follows:-

  • "The State
  • Vs
  • 1
    Hamza AI’ Mustapha (m)
  • 2
    Mohammed Rabo Lawal (m)
  • 3
    Mohammed Sani Abacha (m)
  • 4
    Alhaji Lateef Shofolahan (m)

"Pursuant to section 211 (1) of the Constitution of the Federal Republic of Nigeria 1999, I intend to file the attached Information against the above mentioned Accused Persons.

Kindly cause same to be filed in Court. Attached herewith are 8 copies of the Information and Proofs of Evidence "one copy of each of which is for service on the Accused Persons.

  • "M.N. Mofunanya (Mrs.)
  • Director of Public Prosecutions
  • Lagos State."

Based on the above information, the following charges were framed:

  • "The State
  • Vs
  • 1
    Hamza AI’ Mustapha (m)
  • 2
    Mohammed Rabo Lawal (m)
  • 3
    Mohammed Sani Abacha (m)
  • 4
    Alhaji Lateef Shofolahan (m)

Charge No.: ID/43C/99

The ................ Day of...................... 1999

At the Criminal Division of the High Court of Lagos State holden at Ikeja on the.......... day of...... 1999 the Court is informed by the Attorney-General on behalf of the State that:

  • 1
    Hamza AI’ Mustapha (m)
  • 2
    Mohammed Rabo Lawal (m)
  • 3
    Mohammed Sani Abacha (m)
  • 4
    Alhaji Lateef Shofolahan (m)

are charged with the following offences:

STATEMENT OF OFFENCES- 1ST COUNT

Conspiracy to commit murder contrary to Section 324 of the Criminal Code Cap 32 Laws of Lagos State 1994.

PARTICULARS OF OFFENCE

Hamza Al-Mustapha, Mohammed Rabo Lawal. Mohammed Sani Abacha, Lateef Shofolahan between 1995 and June 1996 at Ikeja Judicial Division conspired to murder Kudirat Abiola.

STATEMENT OF OFFENCES- 2ND COUNT

Murder contrary to Section 319(1) of the Criminal Code, Cap.32, Laws of Lagos State 1994

PARTICULARS OF OFFENCE

Hamza Al-Mustapha, Mohammed Rabol Lawal, Mohammed Sani Abacha, Alhaji Lateef Shofolahan on or about the 4th day of June, 1996 along Lagos/Ibadan Expressway opposite Cargo Vision. Ikeja in the Ikeja Judicial Division murdered one Kudirat Abiola (f)

STATEMENT OF OFFENCE-3RD COUNT

Accessory after the fact to murder contrary to Section 322 of the Criminal Code, Cap 32, Laws of Lagos State 1994.

PARTICULARS OF OFFENCE

Mohammed Sani Abacha sometime in 1999 knowing Mohammed Abdul (a.k.a. Katako) to have murdered Kudirat Abiola in the Ikeja Judicial Division gave various sums of money with intent to facilitate their escape from arrest and prosecution.

STATEMENT OF OFFENCE-4TH COUNT

Accessory after the fact to murder contrary to Section 322 of the Criminal Code. Cap.32, laws of Lagos State 1994.

PARTICULARS OF OFFENCE

Mohammed Sani Abacha sometime in 1999 knowing Aminu Mohammed to have murdered Kudirat Abiola in the Ikeja Judicial Division gave him various sums of money with intent to facilitate his escape from arrest and prosecution.

DATED THIS DAY OF 1999

(SGD.)???

  • "Director of Public Prosecutions,
  • For; Hon. Attorney-General & Commissioner
  • for Justice Lagos State."

Attached to the information are the Proofs of Evidence running to about 150 pages. When the matter (indictment) finally got before Kekere-Ekun J. the Appellant moved that the indictment against him be quashed. The reasons for the application are clearly set out as follows:

"MOTION ON NOTICE

(BOUGHT PURSUANT TO SECTIONS 167, 340(3) CRIMINAL PROCEDURE LAW CAP 33 LAGOS STATE 1994 AND UNDER THE INHERENT JURISDICTION OF THE COURT)

TAKE NOTICE that this Honourable Court will moved on 15th day December. 1999 at the hour of 9 o'clock in the forenoon or so soon after as counsel on behalf of the Defendant/Applicant can be heard prating for the following orders:-

  • 1
    An Order quashing all the 4 Counts and Statements of Offences in the Information referred to as charge No.ID/43C/99 purportedly ft led before this Honourable Court against Mohammed Sani Abacha the third Defendants in the said charge.

    • TAKE NOTICE that this Honourable Court will moved on 15th day December. 1999 at the hour of 9 o'clock in the forenoon or so soon after as counsel on behalf of the Defendant/Applicant can be heard prating for the following orders:-

    • i
      The Proof of Evidence does not disclose a prima facie case against the third Accused/Applicant requiring him to stand trial before this High Court of Justice or any other Court of Law on any of the 4 counts described herein above.
    • ii
      When the Charges are compared and contrasted with the Proof of Evidence, the ingredients of all the alleged offences and the list of witnesses, the result is that the entire Information is an abuse of process.
    • iii
      All the 4 Counts in the Statement of Offences are prejudicial the third Defendant's right to fair hearing.
    • 2
      And for such further or other orders as this Honourable Court may deem fit to make in the circumstances. Dated at Lagos this 10th day of December. 1999."

      • The application was supported by an eight paragraph Affidavit.

      The Learned Trial Judge in a considered ruling refused the application to quash the indictment, the Trial Court held, inter alia, that an information without procedural defect cannot be quashed.

      Dissatisfied with the decision of the Trial Court, the Appellant appealed to the Court of Appeal. The Court of Appeal dismissed the Appellant's appeal and upheld the decision of the trial Court.

      Still dissatisfied, the Appellant appealed to the Supreme Court.

Issues

  • 1
    Whether the negative preliminary comments by the Court of Appeal on...
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