The Acting Chief Justice of Nigeria (CJN) Justice Walter Onnoghen yesterday gave the Lagos State Government a go ahead to appeal the Court of Appeal judgment that released Major Hamza Al-Mustapha (rtd).

Al-Mustapha, the former Chief Security Officer (CSO) to the late Head of State, General Sani Abacha is standing trial over alleged murder of late Alhaja Kudirat Abiola.

The apex court in a ruling on the application by Lagos State for leave to appeal out of time, granted the request for appeal to challenge the Court of Appeal ruling of July 12, 2013 that discharged and acquitted Al-Mustapha from the murder case.

Onnoghen in the ruling of a panel of seven justices ordered Lagos State to file its notice of appeal within 30 days.

The decision of Justice Onnoghen argued by Osunsanya Oluwayemisi, a Senior State Counsel in the Lagos Ministry of Justice followed the consent of Al-Mustapha’s lawyer, Mr Joseph Dauda (SAN) not to oppose the application.

Kudirat Abiola was the wife of the late politician, Chief MKO Abiola, the presumed winner of the June 12, 1993 Presidential Election. 

The Lagos State Government is asking the Supreme Court to set aside the judgment of the Court of Appeal which acquitted Major Hamza Al-Mustapha, in the murder case of late Kudirat.

The state government said that it will plead with the apex court to uphold and restore the death sentence by hanging placed on the former military officer by a Lagos High Court on January 30, 2012.

But reacting to the court’s decision, chairman of the Arewa Young Lawyers Forum (AYLF), a pro Al-Mustapha group of lawyers, Mr. Sadiq Abubakar Ilela hailed the ruling.

“We are convinced that, with the ruling, parties now have the opportunity to present their cases before the court to enable them make an informed decision and determine the case on merit,” Ilela said.