Court hears Al-Mustapha, Shofolahan's appeal Monday
Justice Mojisola Dada had convicted both for the murder of Alhaja Kudirat Abiola along the Lagos/Ibadan Expressway and accordingly sentenced them to death by hanging until confirmed dead.
Abiola had contested the 1993 presidential election on the platform of the defunct Social Democratic Party (SDP) during the administration of Gen. Ibrahim Babangida. The events following the cancellation of the results of the election and his subsequent self-declaration as winner led to his detention when Abacha held sway as Head of State and Commander in Chief.
Meanwhile, the appellate court presided over by Justice C.C. Nweze had fixed today for hearing of the appeal after counsel representing both convicts had applied for a regularisation of their briefs of argument.
Counsel to both appellants, Joseph Daudu (SAN) and Mr. Olalekan Ojo, moving in terms of their motion paper, had applied for leave to file their appellants' brief of arguments and serve same on the respondent. Both convicts 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."
The appellants had prayed the Court of Appeal that the death sentence passed on them was unwarranted. They further argued that the trial court erred in law when it arrived at the conclusion that they conspired to kill Kudirat on June 4, 1996.
Therefore, Al-Mustapha and Shofolahan are urging the appellate court to entertain their appeal, set aside the judgment, discharge and acquit them of conspiracy and murder, accordingly.
Al-Mustapha's appeal was premised on four grounds, while that of Shofolahan was hinged on five.
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