Adopting his 112-page written address dated September 16, 2011, the defence counsel said, Having regard to the totality before the court, it cannot be said that the case of the prosecution against the defendants has been proved beyond reasonable doubt. It is more that 13 years now when the defendants have been in custody and by prison calendar it is about 18 years. Even if some people wanted him punished, by now they should be satisfied that he has been given enough punishment.
Specifically, he argued that Al-Mustapha had told the court that he was a victim of persecution, detailing how he had been targeted by the powers that be and gave reasons why the animosity was so intense. He told the court that there was nothing unlawful in what Al-Mustapha has done, adding that when he (Al-Mustapha) learnt that the property of General Abacha was to be burnt, he sent Rabo Lawal to find out and contact other security agencies in Lagos State to protect the property.
In his reply, Lawal Pedro SAN, the Solicitor General of Lagos State told the court that Sgt. Rogers (PW2), had earlier told the court how he killed the late Kudirat, adding that there are circumstantial evidence that linked the two defendants with the prosecution witnesses.
He submitted that each of the defendants may not have shot Kudirat Abiola or be present at the time she was shot, yet they could be found guilty for her murder. He submitted that it was the information provided by the 2nd defendant that enabled them to trace her and shoot her. He argued that there was a meeting of the minds between Rogers, Katako and the defendants and urged the court to take judicial notice of the reign of terror that pervaded the country when
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