Al-Mustapha: judge withdraws from suit

(Nigeria) Justice Ibrahim Saulawa of the Court of Appeal, Lagos, on Thursday declined hearing of an appeal filed by Major Hamza Al-Mustapha and Lateef Shofolahan, challenging a death sentence handed them.

Al-Mustapha, former Chief Security Officer to late General Sanni Abacha, and Shofolahan former Personal Assistant to Alhaja Kudirat Abiola, are challenging the death sentence handed them by a Lagos High court.

The convicts were sentenced to death on January 30, 2012, by Justice Mojisola Dada, for conspiracy in masterminding the murder of late Kudirat.

The case which ought to be for argument of the appeal filed by the appellants, could not go on, as the presiding jusctice declined hearing for personal reasons.

Justice Saulawa told counsels to the appellants, that he could only assist them in recording a further date for arguments, but will not participate in hearing the main appeal for reasons which he described as personal.

He therefore adjourned the case to June 10 for hearing.

The convicts were arraigned in October 1999 on a four-count charge of 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.

Counsel to the first and second appellants respectively, had however, appealed to the court of appeal, 24-hours after the sentence of the convicts.

They challenged judgment of Justice Dada.
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.

NAN reports that Al-Mustapha's appeal is premised on four grounds, while that of his co-convict (Shofolahan) is hinged on five grounds.