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Tag: Shofolahan’

  • Al-Mustapha: Appeal Court strikes out Lagos application

    Al-Mustapha: Appeal Court strikes out Lagos application

    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State Counsel, Femi Adamson, in an oral submission, prayed the court to strike out the application, same having been withdrawn by the respondents, due to effluxion of time.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    “This application having been withdrawn is accordingly struck out,” he ruled.

     

     

  • Only Supreme Court can determine Al-Mustapha’s fate – Sagay

    Only Supreme Court can determine Al-Mustapha’s fate – Sagay

    Prof. Itse Sagay said the Lagos State government can go to the Supreme Court over the appellate court’s discharge and acquittal of Maj. Hamza Al-Mustapha and Lateef Shofolahan.

    Sagay, a constitutional lawyer, said this in a telephone interview with the News Agency of Nigeria (NAN) in Abuja on Sunday.

    The constitutional lawyer, who is also a Senior Advocate of Nigeria (SAN), said the state government reserved the right to appeal if it was not satisfied with the judgment.

    According to him, in spite of the fact that the Court of Appeal in Lagos has discharged and acquitted them, only the Supreme Court has the final say.

    “I have not seen the judgment, but I have seen what the press summarised and basically what I deduce from what was published is that the evidences are contradictory.

    “I cannot question it because I have not seen the details of what was in favour and what was against.

    “I have not read the details of the contradictions, but Lagos State Government can appeal against the judgment to the Supreme Court.

    “It does not matter whether they have been discharged and acquitted by the Court of Appeal in Lagos,” he said.

    Sagay expressed fears that the judgment might encourage the culture of impunity in the society.

     

  • Lawyers react to Al-Mustapha, Shofolahan’s acquittal

    Several reactions on Friday trailed the acquittal of Hamza Al-Mustapha and Lateef Shofolahan for the alleged murder of Alhaja Kudirat Abiola by the Court of Appeal in Lagos.

    Mr. Fred Agbaje, a human rights activist, told the News Agency of Nigeria (NAN) in Lagos that the decision of the appellate court was not surprising.

    Agbaje said: “The level of evidence in that case left too many loopholes for the defence counsel to take advantages of and that is exactly what they have done.”

    According to him, the judgment has shown that there is no reasonable ground to detain Al-Mustapha and Shofolahan for almost 15 years.

    “It is good for the development of the rule of law in this country. The innocent shall not be unjustly punished. I hope the matter will now rest, except the Lagos State Government wants to pursue an appeal.

    “Lagos State must not only be ready to pay damages for unlawfully and unconstitutionally detaining and prosecuting an innocent citizen for 15 years, but must be ready as well to offer apology to Al-Mustapha and co,” Agbaje said.

    Also, a criminal defence lawyer, Mr. Yemi Omodele, said the judgment was a good development for both the bar and the bench.

    Omodele said: “Al-Mustapha has rightly exercised his constitutional right and he has got what he wants from the Court of Appeal.

    “If the prosecution is not satisfied with the decision, they can file an appeal at the Supreme Court.

    “But I believe that the appeal court’s judgment was very sound.”

    On his part, Mr. Onyekachi Ubani, Chairman, Nigerian Bar Association (NBA), Ikeja branch, told NAN that the judgment was a temporary relief for Al-Mustapha.

    He said: “I am yet to be abreast of the reasons for the reversal of the judgment, but it is within the purview of the appeal court to review decision of a lower court.

    “It could be that they found out that the lower court erred either on the side of law or on the application of fact.

    “However, the government may appeal to the Supreme Court. So for now, it is a temporary relief for Al-Mustapha.”

    A constitutional lawyer, Prof. Itse Sagay (SAN), cautioned that there should be no impunity in the country.

    “That principle must be established in this country that anybody who infringes on a person’s right, particularly the right to life, must pay fully for it under the law.

    “That is what I want to say,” Sagay emphasised.

    Mr. Bamidele Aturu, a human rights activist, said he would need to thoroughly review the judgment before commenting on the merits or demerits of the decision.

     

     

     

  • Al-Mustapha’s, Shofolahan’s appeal for hearing today

    The Court of Appeal in Lagos will today hear the appeal filed by Major Hamzat Al-Mustaphapa, the Chief Security Officer (CSO) to the late Head of State, Gen. Sani Abacha, with Alhaji Lateef Shofolahan, an aide to the late Kudirat Abiola, wife of the late business mogul, Aare Moshood Abiola.

    Al-Mustapha and Shofola are contesting the death sentence passed on them by Justice Mojisola Dada of a Lagos High Court, Igbosere, on the murder of the late Kudirat.

    Both convicts were arraigned in October 1999 on a four-count charge of “conspiracy and murder of Alhaja Abiola on June 4, 1996, on the Lagos/Ibadan Expressway.

    Justice Dada, on January 30, last year, convicted and sentenced the duo to death by hanging.

    The appellate court, presided over by Justice C. C. Nweze, fixed today for hearing of the appeal, after the counsel to both convicts applied for the regularisation of their briefs of argument.

    Counsel to both appellants, Joseph Daudu (SAN) and Olalekan Ojo, applied for the leave of the court to file their clients’ briefs of argument and serve same on the respondent.

    The appellants prayed the Appeal Court that the death sentence passed on them was unwarranted.

    They argued that the trial court erred in law when it arrived at the conclusion that they conspired and killed Alhaja Kudirat on June 4, 1996.

    Al-Mustapha and Shofolahan are praying the Appellate Court to hear their appeal, set aside the judgment and discharge and acquit them of conspiracy and murder.

    While Al-Mustapha’s appeal was premised on four grounds, Shofolahan’s was hinged on five grounds.