The Lagos State government has lost out in its bid to re-open its case in the ongoing trial of Major Hamza al-Mustapha, former Chief Security Officer (CSO) to the late military Head of State, General Sani Abacha and two others who are currently facing trial over their alleged involvement in the murder of Alhaja Kudirat Abiola.
This was sequel to a ruling by Justice Mojisola Dada of a Lagos High Court which declared the application null and void.
The judge, in her ruling on the application, also held that the application was lacking in merit and that attempts by the prosecution to make the court reason along with it, was an attempt to defeat the order of court.
Justice Dada also declared that the said application amounted to prosecutorial rascality, adding that, “it was an insult and an affront on the court to have ordered a case closed after five months and four adjournments for one witness who happens to be a very high officer in the police and a lawyer; and such officer refused to come to court after being repeatedly asked to come to give his witness.
Speaking further, the judge said, “and for the prosecution to have told the court that the court rushed to close its case is an affront to justice especially when an order of the court is not being respected by Lawal Pedro (SAN), lead counsel for the prosecution, who happens to come from the Ministry of Justice.
“The court is not an extension of the Ministry of Justice. The court restates the earlier order and asks the prosecution to submit their response to the no case submission of the defendants,” she said.
Justice Dada then adjourned the matter till June 23, 2011 for adoption of written addresses on the accuseds’ no case submission.
The judge had earlier closed the case of the prosecution due to its inability to produce witnesses in court.
However, in a twist of event, the prosecution in an application dated April 13, 2011 brought by the Solicitor General of Lagos State, Mr Lawal Pedro( SAN) sought the court’s leave to re-open the case.
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