The Court of Appeal, Lagos, will on Friday hear a Lagos State Government’s application seeking permission to appeal to the Supreme Court against the judgment which freed Maj. Hamza al-Mustapha and Lateef Shofolahan of complicity in the murder of Kudirat Abiola.
Lagos State Attorney-General, Mr. Ade Ipaye, had earlier told journalists that due to the nature of the prosecution’s appeal to the Supreme Court, a leave of the Court of Appeal was required to proceed.
According to Ipaye, the government’s appeal in the case is based on “mixed law and facts” and as such, an application for the appellate court’s leave has to be sought before proceeding to the Supreme Court.
He said, “The law is that the appeal is not automatic if it is based on mixed law and facts. What we are complaining about is not just the legal conclusions of the Court of Appeal, but the way in which it has assessed the factual materials that were placed before it.”
Our correspondent confirmed on Tuesday that both parties had been served with the hearing notices slating the hearing of the application for Friday.
As of the time of filing this report, our correspondent learnt that the defendants’ counsel had not filed an objection to the government’s application.
Both al-Mustapha, former Chief Security Officer to the late Head of State, Gen. Sani Abacha; and Shofolahan were in January 2012 sentenced to death by a Lagos High Court for the murder of Kudirat.
Punch
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