Al-Mustapha, former chief security officer to the late head of state Gen. Sani Abacha, and Shofolahan, former aide to the late Alhaja Kudirat Abiola, were sentenced to death on January 30, 2012, by a Lagos high court.
But the Court of Appeal on July 12, 2013, quashed the death sentence for failure of the prosecution to establish a charge of murder against the appellants.
At the resumed hearing of the matter yesterday, Adamson informed the court of a pending application seeking the leave of court to appeal judgement.
The Lagos State government yesterday urged the Lagos Division of the Court of Appeal to strike out its application seeking leave to appeal the acquittal of Major Hamza Al-Mustapha and Lateef Shofolahan on the murder of Kudirat Abiola.
This according to the government is due to the “effluxion” of time (passage of time),
According to an assistant chief state counsel from the Lagos Ministry of Justice, Femi Adamson, the provisions of the rules of the appellate court states that such application for leave to appeal ought to have been filed before the expiration of 30 days after the judgement
Adamson, however, in an oral submission prayed the court to strike out the application, having been withdrawn by the applicant due to “effluxion of time”.
According to an assistant chief state counsel from the Lagos Ministry of Justice, Femi Adamson, the provisions of the rules of the appellate court states that such application for leave to appeal ought to have been filed before the expiration of 30 days after the judgement
Adamson, however, in an oral submission prayed the court to strike out the application, having been withdrawn by the applicant due to “effluxion of time”.
He said: “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 was not objected to by counsel to the appellants, Adedayo Adedeji and Olalekan Ojo.
The presiding justice, Justice Shagbaor Ikyegh, in a short ruling, struck out the application.
“This application having been withdrawn is accordingly struck out,” he ruled.
“This application having been withdrawn is accordingly struck out,” he ruled.
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