Al-Mustapha Wins Again, Appeal Court Strikes out Lagos State Application.....

 

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Al-Mustapha: Appeal Court strikes out Lagos application.....

al-Mustapha

The NationOnline

Lagos
November 29, 2013


The Court of Appeal, Lagos, on Friday, struck out an application by the Lagos State Government, seeking leave to appeal the verdict which acquitted Major Hamza Al-Mustapha and Lateef Shofolahan.

Al-Mustapha, a former Chief Security Officer to late General Sanni Abacha, and Shofolahan, former aide to late Alhaja Kudirat Abiola, were sentenced to death on January 30 last year, by Justice Mojisola Dada of a Lagos High Court, Ikeja.

However, the Appeal Court on July 12 upturned the lower court’s judgment, insisting that the prosecution failed to establish a charge of murder against the appellants.

Dissatisfied by the judgment, the state government indicated its readiness to appeal the verdict at the Supreme Court.

At the resumed hearing on Friday, the Assistant Chief State Counsel, Femi Adamson, in an oral submission, prayed the court to strike out the application, same having been withdrawn by the respondents, due to effluxion of time. He noted that by the provisions of the rules of court, such application, seeking leave of appeal,
ought to have been filed before the expiration of the stipulated 30 days after the judgment.

“My lord we have an application before this court, dated August 12 and filed on the same date, for leave to appeal the order of this court delivered on July 12.
“This application has however been overtaken by time, and so, this court lacks jurisdiction to entertain same.

“We hereby withdraw this application before your lordship, and we shall ensure that we file all necessary processes before the Supreme Court,” Adamson said.
The application for withdrawal was not objected by Counsels to the appellants, Adedayo Adedeji and Olalekan Ojo.

The appeal panel headed by Justice Shagbaor Ikyegh, in a short ruling, struck out the application.

“This application having been withdrawn is accordingly struck out,” he ruled.

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