By INNOCENT ANABA

LAGOS — Justice Ibrahim Saulawa of the Court of Appeal, Lagos, yesterday, declined hearing in the appeal by Major Hamza Al-Mustapha and Lateef Shofolahan, challenging the death sentence handed them by a Lagos State High Court.

Al-Mustapha, former Chief Security Officer to late General Sanni Abacha, and Shofolahan, former Personal Assistant to Alhaja Kudirat Abiola, were challenging the death sentence passed on them by the lower court on January 30, 2012, by Justice Mojisola Dada, for conspiracy in masterminding the murder of late Kudirat Abiola, wife of late Chief MKO Abiola.

When the matter came up yesterday, for argument, the presiding Justice, Justice Saulawa declined hearing for personal reasons.

He told counsel to the convicts 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 consequently adjourned the case till June 10 for hearing.

Meantime, the court granted the application by the respondent, seeking to amend its respondent’s brief by substituting it with the correct version, and deeming same as being properly filed and served, while an application by Shofolahan’s counsel, for an order, deeming his reply to the amended respondent’s brief, as properly filed and served, was also granted.

The convicts were arraigned in October 1999 on a four-count charge bordering on conspiracy and their involvement in the 1996 murder of the deceased on the Lagos/Ibadan expressway.

The lower court found them guilty of the offence, and accordingly convicted and sentenced them to death by hanging.

In their appeals, the appellants were contending that the death sentence passed on them by the lower court was unwarranted, unreasonable and a manifest miscarriage of justice, arguing 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 faulted the court’s rejection of portions of Jabila’s testimony which they felt favoured them and applying only areas which did not favour them.