Major Hamza Al-Mustapha and Alhaji Lateef Shofolahan, an aide to the widely acclaimed winner of the June 12, 1993 presidential election, late Chief Moshood Abiola, are appealing a death sentence passed on them by Justice Mojisola Dada of a Lagos High Court, for the murder of Alhaja Kudirat Abiola, the wife of Chief Abiola.
Their appeal on the death sentence could not be heard after the counsel to the Lagos State government, Femi Adamson informed the appellate court, presided over by Justice Chuma Nweze, that he had an application for extension of time to enable the state government file its respondent’s brief of argument.
While apologising for the late filing of the said application, Mr Adamson, who is an Assistant Chief State Counsel in the Lagos State Ministry of Justice, explained that it was due to hitches beyond his control.
Counsel to the convicted CSO, former president of the Nigerian Bar Association (NBA), Joseph Daudu (SAN) said even though he would not be opposing the application, he complained that the development was not fair in its entirety.
Counsel to convicted Shofolahan, Mr Olalekan Ojo also expressed displeasure over the application.
In its reaction the appellate court held that the attitude of the Lagos State government in its approach towards the hearing of the appeal was 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.
After granting the application of the Lagos state government for extension of time, the court adjourned hearing of the appeal to the 30th of May and directed the state to serve the second applicant’s counsel the respondents brief of argument having served same on the first applicant just before the court sat.
Both Al-mustapha and Shofolahan were arraigned in October 1999, on a four count charge of “conspiracy and murder of Alhaja Kudirat Abiola on June 4, 1996″ along the Lagos/ Ibadan Expressway.
Alhaja Kudirat was murdered for her activities in ensuring that her late husband, Chief Moshood Abiola reclaimed his mandate after his detention for proclaiming that he won the June 12, 1993 Presidential elections.
On the 30th of January, 2012, Al-Mustapha and Shofolahan were convicted and accordingly sentenced to death by hanging until they are confirmed dead.
The appellants are however challenging the death sentence. While Al-Mustapha has filed four grounds of appeal, Shofolahan filed five.
The duo argued that the trial court erred in law when it arrived at the conclusion that they conspired to kill late Kudirat Abiola.
They both urged the appellate court to entertain their appeal, set aside the judgement, and discharge and acquit them of conspiracy and murder accordingly.
culled from Channels
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