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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