Court to hear Al-Mustapha's appeal, May 30

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The Court of Appeal, Lagos, on Monday, adjourned till May 30, for the commencement of arguments in the appeal by Maj. Hamza Al-Mustapha, former Chief Security Officer,CSO, to late Head of State, Gen Sani Abacha, challenging a death sentence passed on him by a Lagos High Court.
Al-Mustapha was sentenced to death by Justice Mojisola Dada of the Lagos State High Court alongside Lateef Shofolahan, for killing Alhaja Kudirat Abiola on June 4, 1996 in Lagos.
Shofolahan was a former personal assistant to the late Kudirat.
The presiding judge, Justice Chima Nweze, adjourned the case, following the request by the appellants’ counsel, who informed it that they had just received a reply to their brief of appeal.
The appellants’ counsel told the court that Mr Femi Adamson, a Chief State Counsel, had only served them a reply before the sitting of the court and they needed time to study the document.
When the case was called for argument of briefs, Adamson told the court that he had just filed a reply to the appellant's briefs.
He said the reply had been duly served on all parties and urged the court to proceed with hearing of arguments.
The appellants were arraigned on October 1999, on a four-count charge of conspiracy and murder of the deceased at Seven Up on the Oregun-Ikosi Road, Lagos.
Dada had found both accused guilty of the offence and had on Jan. 30, 2012, convicted and sentenced them to death by hanging.
Counsel to both appellants had, however, filed an appeal at the Court of Appeal, 24-hours after the sentence, challenging the judgment.
In the notice of appeal filed by Al-Mustapha, the appellants are contending that the death sentence by the lower court was unwarranted, unreasonable and a miscarriage of justice.
The appellants further contended that the trial judge erred in law when he arrived at the conclusion that they conspired to kill the deceased.
The appellants are, therefore, praying the appellate court to set aside the judgment, and discharge them on the charges of conspiracy and murder.
The appellants faulted the lower court for neglecting portions of statements made by Barnabas Jabila (aka Sgt. Rogers), which were contradictory.
They also objected to the court’s reliance on the testimony of Dr Ore Falomo on the bullet extracted from the body of the late Kudirat.

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