The Court of Appeal, Lagos Division, on Monday reserved judgment in an appeal filed by Major Hamza Al-Mustapha and Lateef Shofolahan, challenging a death sentence handed them by Justice Mojisola Dada of a Lagos High Court.
Al-Mustapha, former Chief Security Officer to late General Sanni Abacha, and Shofolahan former Personal Assistant to Alhaja Kudirat Abiola, were sentenced to death on January 30, 2012, for conspiracy and murder of the late Mrs. Abiola.
Justice Amina Augie, who led the appeal panel, reserved judgment, after counsels to the appellants and respondent adopted their written briefs.
Counsel to Al-mustapha, Joseph Daudu (SAN), while adopting his address, urged the court to allow the appeal and set aside the judgment of the lower court.
He argued that the trial court erred in law to have based its judgment on the testimonies of prosecution witnesses (PW1 and PW2), which were contradictory.
“The testimonies of PW1 and PW2 were inconclusive and contradictory. The court drew inferences from these contradictory statements, to establish the guilt of the appellant.
“It is my submission that those inferences upon which the court based its judgment, are merely political evidence formulated by the respondent, and which the trial court ought not to have considered.
“I therefore urge the court to allow this appeal, and quash the judgment of the lower court” Daudu said.
Lawyer to Shofolahan, Olalekan Ojo, also aligned with the submission of Daudu.
He accused the trial judge of being patronising, adding that she discontenanced every submission put forward by the defence, while all evidence presented by the prosecution were admitted.
He said: “It is obvious that the trial judge was sourcing for evidence at all cost to convict the appellant.”
“The evidence of the star witnesses PW1 and PW2 had been described as not credible by the Court of Appeal and so, I wonder why the trial court held that the evidences were relevant.”
In his response, counsel to the state government, Lawal Pedro (SAN), urged the court to dismiss the appeal and uphold the judgment of the lower court.
Pedro argued that apart from the evidence of PW1 and PW2, there were other evidences from the defendants themselves, which supported the counts off conspiracy and murder.
He said that the statements of the defendants, which were tendered as exhibits, indicted them.
Pedro urged the court to dismiss the appeal for lack of merit.
The appeallants were arraigned in October 1999 on a four-count charge bordering on conspiracy and murder of Mrs. Abiola in 1996 Murder, along Lagos-Ibadan Expressway, of which they were sentenced to death by hanging.
They had appealed the lower court’s judgment 24-hours after it was passed on them, praying the court to overturn the judgment.
The appellants contended that the death sentence handed by the lower court was unwarranted, unreasonable and a manifest miscarriage of justice.
They 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.
The appellants faulted the judge’s treatment of the contradictory statements of Barnabas Jabila (aka Sgt. Rogers) and Mohmamed Abdul.
They also faulted the court’s reliance on the testimony of Dr. Ore Falomo on the bullet extracted from the deceased.
According to the appellants, the court’s rejection of portions of Jabila’s testimony which favored them and applying only areas which did not favor them, was a gross miscarriage of justice.
Al-Mustapha submitted four grounds for determination while Shofolahan premised his appeal on five points.
Tag: Al-Mustapha
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Al-Mustapha: Appeal Court reserves judgment
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al-Mustapha: Appeal judge withdraws from panel
There was a drama yesterday at the Court of Appeal, Lagos Division, as the presiding judge in separate appeals filed by Hamzat al-Mustapha and Lateef Sofolahan, withdrew from the panel.
Justice Ibrahim Saulawa’s withdrawal stalled the hearing of the appeals, which the appellants filed last year against the state government, challenging the death sentence passed on them by a Lagos High Court, since the other judges, Justice Joseph Ikeyegh and Justice Fatima Akinbami, could not proceed with the matter.
The lead judge, who did not give details of his withdrawal, said he took the action based on personal reasons.
Immediately the court registrar announced the case and the lawyers wanted to announce their appearances, Justice Saulawa said: “I want to let the cat out of the bag.”
He gave an analogy of a similar matter he handled in Calabar, Cross River State and how his life and those of his colleagues were threatened, but they stood firm.
Justice Saulawa said after the judgment was delivered, several petitions were written against him and as such he would not want a similar situation.
“My name was mentioned and I was an aggrieved party.”
Joseph Daudu (SAN) was the lead counsel for al-Mustapha. Olalekan Ojo led the legal team for Sofolahan and Lagos State Solicitor- General, Lawal Pedro (SAN), led the team for the respondent.
al-Mustapha is praying the appellate court to set aside his conviction for the murder of Alhaja Kudirat Abiola by the lower court.
In his brief of argument, the former Chief Security Officer to the late Gen. Sani Abacha said he was convicted of serving in “a hated administration”, describing other allegations of murder against the administration as “spurious conjectures.”
In the 40-paragraph brief of argument filed by Daudu, the judgment of the lower court was described as “needlessly long”, which according to the lawyer, showed “the trial judge was “at pains” to justify her decision to convict my client”.
He said the judgment was based on “unreliable and discredited” testimonies of the star witnesses of the prosecution.
Before delivering ruling on his disqualification, Justice Saulawa admitted an amended respondent’s brief of argument in Suit 469B, filed by Sofolahan, dated May 16, as properly filed and served.
Pedro in the amended brief is urging the court to dismiss the appellant’s appeal, stating four issues for determination.
He urged the court to determine whether based on the evidence before the court, Justice Mojisola Dada was right to have found Sofolahan guilty of conspiracy to commit felony and sentenced him to 14 years imprisonment.
Delivering ruling, Justice Saulawa granted their prayers and formally withdrew from the case.
He adjourned the matter till June 10 for hearing of the application by a new panel that will be constituted.
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Al Mustapha: Appeal Court judge withdraws from panel
There was drama at the Court of Appeal, Lagos Division, as the presiding judge in separate appeals filed by Major Hamzat al-Mustapha and Alhaji Lateef Sofolahan, Justice Ibrahim Saulawa, withdrew from the panel.
Saulawa’s withdrawal stalled the hearing of the appeals, which the appellants filed last year to challenge the death verdict passed on them by a Lagos High Court for involvement in the murder of Alhaja Kudirat Abiola, wife of the acclaimed winner of the June 12, 1993 presidential election, Chief M.K.O Abiola.
Other judges in the suit, Justice joseph Ikeyegh and Justice Fatima Akinbami had earlier withdrew their involvement in the matter.
The lead judge, who did not give details of his withdrawal, said he took the action based on personal reasons.
Immediately the court registrar announced the case and the lawyers wanted to announce their appearances, justice Saulawa said: “I want to let the cat out of the bag.”
He gave an analogy of a similar matter he handled in Calabar, Cross River State and how his life and those of his colleagues were threatened but they stood firm.
He explained that after the judgment was delivered, several petitions were written against him and as such he would not want a similar situation.
“My name was mentioned and I was an aggrieved party.”
While Joseph Daudu, (SAN) was the lead counsel for al-Mustapha, Olalekan Ojo led the legal team for Sofolahan and Lagos State Solicitor General, Lawal Pedro (SAN), led the team for the respondent.
Al-Mustapha in suit 469 against the state is praying the appellate court to set aside his conviction for the murder of Kudirat by the lower court.
In his brief of argument, the former Chief Security Officer to late Gen. Sani Abacha said he was convicted for serving in “a hated administration”, describing other allegations of murder against the administration as “spurious conjectures.”
In the 40-paragraph brief of argument, filed by Daudu, the judgment of the lower court was described as “needlessly long”, which according to the lawyer, showed “the trial judge was “at pains” to justify her decision to convict my client.”
He said the judgment was based on “unreliable and discredited” testimonies of the star witnesses of the prosecution.
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Al-Mustapha: State’s application stalls hearing of appeal
Lagos State Government’s application for an extension of time yesterday stalled the hearing in the appeal by Major Hamza Al-Mustapha, the former Chief Security Officer (CSO) to the late Head of State, Gen. Sani Abacha, as well as Alhaji Lateef Shofolahan, an aide to the late business mogul, Bashorun Moshood Abiola.
Both men are appealing a death sentence passed on them by Justice Mojisola Dada of a Lagos High Court for the murder of the late Abiola’s wife, Alhaja Kudirat.
Counsel to the state government, Femi Adamson, told the Court of Appeal, presided over by Justice Chuma Nweze, that the application was to enable the state government file its respondent’s brief of argument.
He, however, apologised for the late filing, adding that it was caused by some hitches beyond his control.
Although counsel to Al-Mustapha, Mr Joseph Daudu (SAN) and Shofolahan’s lawyer, Olalekan Ojo, did not object the application, they expressed displeasure over the development.
The court held that the attitude of the Lagos State Government to the hearing of the appeal was not encouraging.
Justice Nweze said: “Gentlemen, as you can see, it is not the fault of the court not to hear the appeal. The counsel should desist from the attitude of filing applications late in any case.”
Granting the application, Justice Nweze ordered the state counsel to serve Ojo the respondent’s brief of argument, having served Daudu.
He adjourned hearing of the appeal till May 30.
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Lagos govt’s application stalls hearing of Al-Mustapha’s appeal
Lagos State Government’s application for extension of time on Monday stalled hearing in the appeal filed by Major Hamza Al-mustapha, Chief Security Officer (CSO) to late General Sani Abacha.
Also involved in the appeal was Alhaji Lateef Shofolahan, an aide to late business mogul, Chief M.K.O Abiola.
The duo were challenging the death sentence passed on them by Justice Mojisola Dada of a Lagos High Court, Ikeja, over their involvement in the murder of Alhaja Kudirat Abiola in June 1996.
Counsel to the state government, Femi Adamson, informed the Court of Appeal presided over by Justice Chuma Nweze, that the application was to enable the state government file its respondent’s brief of argument.
He, however, apologised for the late filing, noting that it was as a result of hitches beyond his control.
Although counsel to Al-Mustapha, Joseph Daudu (SAN) and Shofolahan’s lawyer, Olalekan Ojo, did not object the application, they expressed their displeasure with the development.
Commenting on the application, the court held that the attitude of the Lagos State government in its approach towards hearing of the appeal is not encouraging.
“Gentlemen, as you can see, it is not the fault of the court not to hear the appeal.
“Counsels should desist from the attitude of filing applications late in any case,” Justice Nweze emphasised.
While granting the application, Nweze ordered the state counsel to serve Ojo the respondent’s brief of argument, having served Daudu and adjourned hearing of the appeal till May 30.
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Court to hear Al-Mustapha’s appeal April 29
The Court of Appeal Lagos, on Friday fixed April 29 for hearing of the appeal filed by Major Hamza Al-Mustapha, who was sentenced to death last year for masterminding the murder of late Alhaja Kudirat Abiola.
Al-Mustapha, who was the Chief Security Officer to the late Gen. Sanni Abacha and Lateef Shofolahan, a Personal Assistant to late Abiola, are challenging their conviction by a Lagos High Court on January 30 last year.
The appellate court, presided over by Justice Chima Nweze, fixed the hearing date after counsel representing both convicts had applied for a regularisation of their briefs of argument.
Counsel representing the appellants, Mr. Joseph Daudu (SAN) and Mr. Olalekan Ojo, had both applied for leave to file their brief of arguments and serve same on the respondent.
The News Agency of Nigeria reports that the convicts were arraigned sometime in October 1999, on a four-count charge of conspiracy and murder of Abiola on June 4, 1996 on the Ikosi-Ketu Road.
The trial judge, Justice Mojisola Dada had found both appellants guilty of the offence and sentenced them to death by hanging.
However, Daudu and Ojo, counsel to both the first and second appellants respectively, appealed against the conviction 24-hours after the sentence.
In the notice of appeal filed by Ojo, the appellants were contending that the death sentence handed by the lower court was unwarranted, unreasonable and a manifest miscarriage of justice.
The appellants further contended that the trial judge erred in law by arriving at the conclusion that they conspired to kill the late Kudirat on June 4, 1996.
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 further reports that Al-Mustapha’s appeal was premised on four grounds, while that of his co-convict (Shofolahan) was hinged on five grounds.
They faulted the trial judge’s admissibility of the “contradictory statements” of Barnabas Jabila (aka Sgt. Rogers) and Mohmamed Abdul, and the reliance on the testimony of Dr. Ore Falomo on the bullet extracted from the corpse.
The appellants also faulted the rejection of portions of Jabila’s testimony which they felt favoured them and applying only areas which did not favour them.