Justice Ibrahim Saulawa of the Court of Appeal, Lagos, has withdrawn from the three-man panel and declined hearing an appeal filed by Major Hamza Al-Mustapha and Lateef Shofolahan, challenging a death sentence against them.
The matter, which was scheduled on Thursday for arguments by parties, could not continue as the presiding Judge declined hearing for personal reasons.
Justice Saulawa told the appellants’ counsel that he could only assist them in recording a further date for arguments, but will not participate in hearing the main appeal.
He therefore adjourned the case to June 10 for hearing.
Al-Mustapha, a former Chief Security Officer to late Sanni Abacha, and Mr Shofolahan, former personal assistant to Kudirat Abiola, are challenging their death sentence by a Lagos High Court.
The convicts were sentenced to death on January 30, 2012 by Justice Mojisola Dada, for conspiracy in masterminding the murder of late Kudirat.