Justice Ibrahim Saulawa of the Court of Appeal sitting in
Lagos, who is the judge presiding on the appeal filed by Major Hamza
Al-Mustapha, the former Chief Security Officer to General Sani Abacha,
on Thursday, announced his withdrawal from the suit
Major Al-Mustapha and Alhaji Lateef Shofolahan, an aide of the late Kudirat Abiola, wife of the late business mogul, MKO Abiola, filed an appeal against the death sentence passed on them by a Lagos High Court.
The withdrawal of Justice Saulawa from the appeal filed by the two convicts is a setback to the Major’s hope of leaving the death row
The duo of Al-Mustapha and Shofolahan are challenging the death sentence handed them by Justice Mojisola Dada of a Lagos High court sitting in Igbosere.
The convicts were sentenced to death on January 30, 2012, after being declared guilty of conspiracy in masterminding the murder of Kudirat Abiola.
The case which ought to be for argument of the appeal filed by the appellants, could not go on when the presiding judge declined hearing the matter for personal reasons.
At the resumed hearing of the appeal on Thursday, Justice Saulawa informed counsel to the appellants that he could not do anything aside assist them to fix a further date for argument, adding that he will not participate in hearing the main appeal for reasons that he reiterated were personal.
He consequently adjourned the case to June 10, 2013.
However, Justice Saulawa granted two applications filed by the Solicitor General and Permanent Secretary of Lagos State Ministry of Justice, Mr Pedro Lawal (SAN), who led the prosection and Mr. Olalekan Ojo, counsel for the second appellant respectively.
The Solicitor General in his application, sought to amend his respondent’s brief by substituting it with the correct version and deeming same as being properly filed and served.
Ojo on his part, prayed for an order deeming his reply to the amended respondent’s brief, as properly filed and served.
Justice Saulawa granted the applications of both counsel, adding that it was the much he could do in the matter.
It will be recalled that the convicts were arraigned in October 1999 on a four-count charge bordering on conspiracy and their involvement in the 1996 murder of the deceased, along the Lagos/Ibadan Expressway.
Justice Dada had found them guilty of the offence, and accordingly convicted and sentenced them to death by hanging.
Mr. Joseph Daudu (SAN) and Mr Olalekan Ojo, counsel to the first and second appellants respectively, had however, appealed to the court of appeal, 24-hours after the sentence of the convicts, challenging the judgment of the lower court
In the notice of appeal, the appellants contends that the death sentence handed by the lower court was unwarranted, unreasonable and a manifest miscarriage of justice.
They contend that the trial judge erred in law by arriving at the conclusion that they conspired to kill Alhaja Kudirat on June 4, 1996.
The appellants faulted the judge’s treatment of the contradictory statements of Barnabas Jabila (aka Sgt. Rogers) and Mohmamed Abdul, as well as the reliance on the testimony of Dr. Ore Falomo on the bullet extracted from Late Kudirat.
They also fault the court’s rejection of portions of Jabila’s testimony which they felt favored them and applying only areas which did not favor them.
The appellants are therefore praying the Court of Appeal to entertain the appeal, set aside the judgment, and discharge them of the charges of conspiracy and murder.
Al-Mustapha’s appeal is premised on four grounds, while that of his co-convict (Shofolahan) is hinged on five grounds.
TRIBUNE
Major Al-Mustapha and Alhaji Lateef Shofolahan, an aide of the late Kudirat Abiola, wife of the late business mogul, MKO Abiola, filed an appeal against the death sentence passed on them by a Lagos High Court.
The withdrawal of Justice Saulawa from the appeal filed by the two convicts is a setback to the Major’s hope of leaving the death row
The duo of Al-Mustapha and Shofolahan are challenging the death sentence handed them by Justice Mojisola Dada of a Lagos High court sitting in Igbosere.
The convicts were sentenced to death on January 30, 2012, after being declared guilty of conspiracy in masterminding the murder of Kudirat Abiola.
The case which ought to be for argument of the appeal filed by the appellants, could not go on when the presiding judge declined hearing the matter for personal reasons.
At the resumed hearing of the appeal on Thursday, Justice Saulawa informed counsel to the appellants that he could not do anything aside assist them to fix a further date for argument, adding that he will not participate in hearing the main appeal for reasons that he reiterated were personal.
He consequently adjourned the case to June 10, 2013.
However, Justice Saulawa granted two applications filed by the Solicitor General and Permanent Secretary of Lagos State Ministry of Justice, Mr Pedro Lawal (SAN), who led the prosection and Mr. Olalekan Ojo, counsel for the second appellant respectively.
The Solicitor General in his application, sought to amend his respondent’s brief by substituting it with the correct version and deeming same as being properly filed and served.
Ojo on his part, prayed for an order deeming his reply to the amended respondent’s brief, as properly filed and served.
Justice Saulawa granted the applications of both counsel, adding that it was the much he could do in the matter.
It will be recalled that the convicts were arraigned in October 1999 on a four-count charge bordering on conspiracy and their involvement in the 1996 murder of the deceased, along the Lagos/Ibadan Expressway.
Justice Dada had found them guilty of the offence, and accordingly convicted and sentenced them to death by hanging.
Mr. Joseph Daudu (SAN) and Mr Olalekan Ojo, counsel to the first and second appellants respectively, had however, appealed to the court of appeal, 24-hours after the sentence of the convicts, challenging the judgment of the lower court
In the notice of appeal, the appellants contends that the death sentence handed by the lower court was unwarranted, unreasonable and a manifest miscarriage of justice.
They contend that the trial judge erred in law by arriving at the conclusion that they conspired to kill Alhaja Kudirat on June 4, 1996.
The appellants faulted the judge’s treatment of the contradictory statements of Barnabas Jabila (aka Sgt. Rogers) and Mohmamed Abdul, as well as the reliance on the testimony of Dr. Ore Falomo on the bullet extracted from Late Kudirat.
They also fault the court’s rejection of portions of Jabila’s testimony which they felt favored them and applying only areas which did not favor them.
The appellants are therefore praying the Court of Appeal to entertain the appeal, set aside the judgment, and discharge them of the charges of conspiracy and murder.
Al-Mustapha’s appeal is premised on four grounds, while that of his co-convict (Shofolahan) is hinged on five grounds.
TRIBUNE
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