A FRESH twist has been added to the protracted legal battle involving the State versus Major Hamza Al-Mustapha and Lateef Shofolahan, as Justice Ibrahim Saulawa of the Court of Appeal, Lagos division, Thursday withdrew from hearing the duo's appeal of their death sentence by a Lagos High Court.
The case, which ought to be for argument of the appeal filed by the appellants could not go on, as the presiding justice declined hearing on personal reasons.
Justice Saulawa told counsel to the appellants that he could only assist them in recording a further date for arguments, but would not hear the main appeal.
He, therefore, adjourned the case to June 10 for hearing. But before announcing his decision, the judge granted two applications filed by Mr. Pedro Lawal (SAN) and Mr. Olalekan Ojo, counsel to the respondent and second appellant respectively.
Lawal 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.
Saulawa granted their applications, stating that it was the much he could do in the matter. Al-Mustapha, the former Chief Security Officer to late Head of State, Gen. Sanni Abacha, and Shofolahan, the erstwhile Personal Assistant to Alhaja Kudirat Abiola, are challenging their death sentence.
The convicts were sentenced to death on January 30, 2012, by Justice Mojisola Dada for conspiracy in masterminding the murder of the late Kudirat Abiola. They were arraigned in October 1999 on a four-count charge of conspiracy and 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. Joseph Daudu (SAN) and Ojo, counsel to the first and second appellants, however, appealed the judgment 24-hours after their sentencing.
In the notice of appeal, the appellants contended that the death sentence was unwarranted, unreasonable and a manifest miscarriage of justice. They further contended that the trial judge erred in law by arriving at the conclusion that they conspired to kill Kudirat on June 4, 1996.
The appellants faulted the judge's treatment of the contradictory statements of Barnabas Jabila (aka Sgt. Rogers) and Mohammed Abdul, as well as the reliance on the testimony of Dr. Ore Falomo on the bullet extracted from Kudirat.
They also faulted the court's rejection of portions of Jabila's testimony, which they felt favoured them, and applying only areas that did not favour them. They, therefore, prayed the court to entertain the appeal, set aside the judgment and discharge them of conspiracy and murder.
Al-Mustapha's appeal is premised on four grounds while that of Shofolahan is hinged on five grounds.
The Guardian