Appeal Court justice disqualifies self from Al-Mustapha’s case

Justice Ibrahim Saulawa yesterday disqualified himself from hearing the appeal filed by Major Hamza Al- Mustapha, former Chief Security Officer, CSO, to the late Head of State, Gen. Sani Abacha, and Lateef Shofolahan.

Al-Mustapha and Shofolahan are challenging a death sentence handed them by Justice Mojisola Dada of a Lagos High Court for masterminding the assassination of Alhaja Kudirat Abiola.

The appeal, which ought to be for argument and adoption of processes, was stalled because of Saulawa’s withdrawal. Other justices in the three-man panel namely Justice Joseph Ikeyegh and Justice Fatima Akinbami could not proceed with the matter.

When the matter came up, Saulawa informed counsel to the appellants that he could only assist them in recording a further date for argument, but would not participate in hearing the main appeal for reasons which he described as personal.

Saulawa, 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, 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.

Saulawa explained that after the judgement was delivered, several petitions were written against him and as such he would not want a similar situation. He therefore adjourned the case to June 10 for hearing.

However, the appellate court granted two applications filed by Mr. Pedro Lawal (SAN) and Mr. Olalekan Ojo, counsel to the respondent and second appellant respectively. Lawal in his application, sought to amend his respondent’s brief by substituting it with the correct version, and deeming same as been properly filed and served.

Ojo on his part, prayed for an order, deeming his reply to the amended respondent’s brief, as properly filed and served. Saulawa granted the applications, saying that it was the much he could do in the matter.