The Supreme Court has on Thursday permitted the Lagos state government to appeal against a judgment of the Appeal Court acquitting Hamza Al-Mustapha for the alleged murder of Kudirat, wife of the late MKO Abiola.
Al-Mustapha who was the former chief security officer of the late Sani Abacha, and Lateef Shofolahan, an aide of the late Kudirat, were sentenced to death by Mojisola Dada, justice of the Federal High Court, Lagos for murder on January 30, 2012.
But Al-Mustapha and Shofolahan appealed against the judgment at the Lagos division of the appeal court where they were acquitted of the charge on July 12, 2013.
However, a five-man panel of justices led by Walter Onnoghen, chief justice of Nigeria, on Thursday, January 12, granted the Lagos state government an extended time to file an appeal despite the expiration of the time to do so, The Cable reports.
The decision of the apex court followed a motion filed by Oluwayemisi Osusanya, a senior counsel at the Lagos state ministry of justice.
It ordered the Lagos state government to file notice of appeal within the next 30 days.
Counsel to Al-Mustapha, Joseph Daodu, who had earlier challenged the motion on the grounds that the time for the appeal had elapsed, withdrew his counter-affidavit.
Kudirat was killed on June 4, 1996 in Lagos.
Her husband, MKO Abiola, ran for the presidency in 1993, and is widely regarded as the presumed winner of the inconclusive election which was annulled by then head of state, Ibrahim Babangida.
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