(http://peoplesdailyng.com/wp-content/uploads/2013/02/Al-Mustapha.jpg) (http://peoplesdailyng.com/wp-content/uploads/2013/02/Al-Mustapha.jpg)From Matthew Irinoye, Lagos
Citing "personal reasons," Justice Ibrahim Saulawa who has been presiding over the case of Major Hamzat Al-Mustapha and Alhaji Lateef Shofolahan at the Appeal Court, who are appealing the death sentence passed on them by a Lagos High Court, announced his withdrawal from the case yesterday.
At the resumed hearing of the matter, Saulawa told parties in the suit that he would no longer participate in the hearing of the main appeal and could only assist them in recording a further date for arguments.
The judge said his reasons for withdrawal were personal.
Al-Mustapha, a former Chief Security Officer to late Gen. Sani Abacha, and Shofolahan were sentenced to death on January 30, 2012 by Justice Mojisola Dada, for conspiracy in masterminding the murder of the late Kudirat Abiola.
The case which ought to be for argument of the appeal filed by the appellants, could not continue owing to the withdrawal of the judge.
The judge who adjourned the case till June 10 however granted two applications filed by both the counsel to the state government, Mr. Pedro Lawal (SAN) and counsel to the appellants, Mr. Olalekan Ojo, respectively.
Lawal, who is the Lagos State Solicitor General, in his application, sought to amend his respondent's brief by substituting it with the correct version, and deeming same as been 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 counsels as he added that it was the least he could do in the matter.
The convicts who were arraigned on a four-count charge of conspiracy and their involvement in the 1996 murder of Kudirat Abiola along the Lagos/Ibadan expressway, were found gulty by Justicce Mojisola Dada and accordingly convicted and sentenced them to death by hanging.
Joseph Daudu (SAN) and Mr. Olalekan Ojo, counsel to the first and second appellants respectively, had appealed the judgment.
In their notices of appeal, the appellants contended that the death sentence handed by the lower court was unwarranted, unreasonable and a manifest miscarriage of justice.
They further argued that the trial judge erred in law by arriving at the conclusion that they conspired to kill Alhaja Kudirat Abiola on June 4, 1996.
They disagreed with the Judge's treatment of the contradictory statements of Barnabas Jabila (aka Sgt. Rogers) and Mohmamed Abdul as well as her reliance on the testimony of Dr. Ore Falomo on the bullet extracted from late Kudirat.
They contended that the court's rejection of portions of Jabila's testimony which they claimed favoured them.
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Well it was the judge's personal decision to dump the case so i do not think anyone would hold him for it. It happens at times