Judgment on Al-Mustapha’s appeal reserved

The Lagos Division of Court of Appeal on Monday reserved judgment in an appeal filed by Major Hamza Al-Mustapha and Lateef Shofolahan, challenging the death sentence handed them by Justice Mojisola Dada of a Lagos High Court, Ikeja.

Al-Mustapha, former Chief Security Officer to late General Sanni Abacha, and Shofolahan former aide 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, reser

ved judgment, after counsels to the appellants and respondent adopted their written briefs. Joseph Daudu (SAN), counsel to Al-Mustapha,  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.

He said: “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. Olalekan Ojo, lawyer to Shofolahan also aligned with the submission of Daudu. 

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 of conspiracy and murder. He said the statements of the defendants, which were tendered as exhibits, indicted them.

Pedro urged the court to dismiss the appeal for lack of merit.