The government has appealed to the Supreme Court, seeking the apex court to reverse the judgment of the Court of Appeal, Lagos, which discharged and acquitted the two men of charges of conspiracy and murder.
Reacting to the government’s appeal, Ojo, who spoke with our correspendent on the telephone on Thursday, said though the state government had the right to appeal against the judgment of the appellate court, the move would not affect the “freedom” of al-Mustapha and Shofolahan.
He said, “While we recognise the fact that the Lagos State Government has the right to appeal, the appeal cannot affect the freedom of the persons who have been discharged and acquitted by the Court of Appeal.
“The appeal cannot restore the judgment of the High Court. There is nothing like stay of execution here. The judgment of the Court of Appeal cannot be stayed.”
Ojo, who spoke from Ibadan, confirmed that his colleague in the legal team had been served with the state government’s appeal papers in Lagos.
He urged the appellant to do everything within its capacity to compile all records necessary for the appeal within the time stipulated by law.
Justice Mojisola Dada of the Lagos High Court had on January 30, 2012 sentenced al-Mustapha and Shofolahan to death by hanging after about 13 years of trial for the murder of Kudirat.
But the Amina Augie-headed appeal court panel, on July 12, 2013, set aside the judgment holding that the prosecution failed to prove beyond reasonable doubt the charges of conspiracy and murder against the two men.
Al-Mustapha was the Chief Security Officer to the late Head of State, Gen. Sani Abacha and Shofolahan was the personal assistant to the late Kudirat.
Kudirat, a wife of the acclaimed winner of the June 12, 1993 presidential election, Chief M.K.O Abiola, was gunned down in Lagos on June 4, 1996.
In two notices of appeal filed on Monday, the state government urged the Supreme Court to affirm and uphold the death penalty which was passed on them by Justice Mojisola Dada of the Lagos High Court, on January 30, 2012.
The government, through its Attorney General and Commissioner for Justice, Mr. Ade Ipaye, backed its appeal against al-Mustapha’s acquittal with six grounds and with eight grounds against Shofolahan’s.
Ipaye said contrary to the decision of the Court of Appeal, the contradictions in the testimonies of the prosecutions’ star witnesses – Sgt Barnabas Jabila (Sgt. Rogers) and Abdul Mohammed (Katako) – were “immaterial” and ought not be the basis for upturning the judgment of the trial court.
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