I'm sure nothing good will come outta this... He cnt b held responsible cos he was following orders... Its funi tho bt its fact.

Enough of these e no concern me in Nigeria. Give it to them hot..give them long hours of thinking in their bedrooms.

The Lagos state government has no right to appeal the decision of the court of Appeal. The SC will dismiss the proceeding

doncaster: Are filling this suit on behalf of abiola family that have forgiven mustafa?

The crime is against the state and not against the family of the deceased. The only forgiveness that the accused can get is if the state through the Attorney General files a nolle prosequi in which case the accused will become discharged and acquitted and never to be tried again on the same count. Until that is done, the state is the offended party because its citizen is assumed to have been killed by another citizen and no body has the right to take the life of another (not even his own by suicide) except as prescribed under the law. Therefore, the state will, if not satisfied that the circumstances of discharge are proper, will further appeal the judgement. This constitutional right is what is being exercized at this point in time.

Gunzilla: .

This is not double-jeopardy and the Supreme Court will not retry the case.They will not take any new evidence or pleadings .What they will simply look at are what the Appeal Court decided and see if there was any material error on the part of the AC. Its good that LASG decided to go all the way to the SC.Thats how its done in any sane clime.I doubt that the AC judgement will be overturned by the SC though.Based on the law,i think they were right.

When prosecution appeals a case like this, it tantamounts to a trial because you are asking the S/Court for a verdict/ruling . It's still a trial but not elaborate like high and appeal courts. In some common law colonies, this is considered double jeopardy.

eightsin: I'm sure nothing good will come outta this... He cnt b held responsible cos he was following orders... Its funi tho bt its fact.

If you follow an illegal order, the law says that you will be punished for taking and executing such an order. There is a case law on that point.

The Lagos State Government which has entered into coalition with the Northerners,did not want to file the appeal thinking that AL-Mustapha will join APC but when the saw that he is about to join PDP the decided to appeal. Hypocrite Fashola playing politics with the Murderer of their epitome of democracies wife. June 12 as democracy day my foot. Hypocrite

Lagos appeals Al-Mustapha, Sofolahan’s acquittal

The freedom currently enjoyed by the duo of Major Hamza Al-Mustapha, former Chief Security Officer, CSO, to late Head of State, Gen Sani Abacha and Lateef Shofolahan following their acquittal may be short-lived as the Lagos State government .... Click to Read More >>> http://www.newmail-ng.com/mail/category/newsPage/?category=11&&newsID=744#.Ugpk-1MtcSp

adconline: This sounds like double-jeopardy. Retrying someone for an offence he has been acquitted

Double-jeopardy does not apply in the Nigerian legal system. An individual can be re-tried for the same 'offense' at a higher court.

OKeokpa: The Lagos state government has no right to appeal the decision of the court of Appeal. The SC will dismiss the proceeding

Bros in-box me the authority on this. Cheers.

Nice move by Lagos state, justice must prevail

adconline: This sounds like double-jeopardy. Retrying someone for an offence he has been acquitted

I suggest you speak on a matter that is very clear and known to you. Law is not football where every Nigerian has an opinion as a 'coach'

Biodup: Wasting of resouces, lagos state govt in crying more than berieved

. How old are you?

CFCfan:

Double-jeopardy does not apply in the Nigerian legal system. An individual can be re-tried for the same 'offense' at a higher court.

Trial on a criminal matter only comes to an end on one of two circumstances or even three (1) where the period of appeal has lapsed (2) where the government enters a nolle or (3) where the supreme court has made a final pronouncement.

It is re-openening a case after any of the three instances that a trial could be described as double jeopardy. Again i warn, Law and Procedure is not a game of football where every Nigerian has a say. People are reading comments on this forum. Let us not parade ignorance openly so we are not all classified as dummies.

I wonder what the North has to say about this.

Just look at the crowd that welcomed Al-Mustapha in Kano.

I hope this will not end up like the one filed against Jonah Jang by same Fashola and later withdrawn.

few days ago I said if Mustapha is still in Nigeria ,it means he has a date to keep with death .There is no way the supreme court will set him free as the court of appeal did.yes he may not be asked to hang but he will certainly get another long jail term.i will not be surprised if the guy start paying back his enemies in a hurry/

God alone is the perfect judge,

adconline:

When prosecution appeals a case like this, it tantamounts to a trial because you are asking the S/Court for a verdict/ruling . It's still a trial but not elaborate like high and appeal courts. In some common law colonies, this is considered double jeopardy.

it is not a trial.Mustapha will not enter the witness box.the supreme court will only be concerned whether the right conclusions were made by the lower courts from the materials placed before the trial court .if there is need for a trial, the supreme court will sent the case back to high court for retrial before another judge but if satisfied that the trial was properly conducted it may either affirm the court of appeal verdict or restore the death sentence imposed by the high court. The court of appeal however muddled things up a bit by discharging and acquitting him so the first question I believe that the sc must fist be asked to pronounce upon is the rightness or otherwise of the court appeal verdict to discharge and acquit him given the circumstance. The sc will most likely overrule the court of appeal on this paving the way for a possible retrial for murder.

hehehehehe another 12years court case.what lagos state govt wants is that atleast al-mustapha should serve a jail term,almustapha go no say e nor easy for eziekel.
he has to atleast serve a jail term,to cool our temper.i pray they dont gun him down this time.

El Rufai will later say Goodluck is the cause and playing ethnic politics with it. Haters.

duality: How about the issue of Locus Standi ? does it come to play here?

Lawyers abeg teach me small.

And can state of Lagos do same for Funsho Williams? If they can, Why have they not?

The issue of locus standi can't even rear its ugly head here cos it's the state that can prosecute when it comes to criminal matters. CRIME,THEY SAY,IS AGAINST THE STATE. Thus while a person can waive his right to prosecute with regard to a criminal offence,the state can't waive such right.
As regards the issue of Funsho,the state hasn't been able to identify or even detain a suspect. Until they are able to this,they can't prosecute. The state must have sum1 to prosecute. It has to be a case against sumone. U dig?

doncaster: On what ground is LSG filling this suit?

Justice I should guess

It is about time!

Jeeeeeeesus Christ!

What did Mustapha do that turned him into an overnight hero in the north?

Have we stooped this low to honour murderers?

Unbe-f_cking-lieveable!

//

Afro connect:
Stop sounding like a domestic animal...what is wrong in fighting for justice?
Are you the lawyer?
Are you the one paying the legal fees?
Or you are just a mediocre Nigerian that condones impunity,corruption and injustice...
People like you that condones and supports injustice are the cause of all these violence and criminality we see in Nigeria today.
God does not like injustice,and God use men to fight good fights.

I think you are the one who is dumb. You can cannot fight for God except if you are a fool. God is powerful and he dosent need anybody to fight for Him. That's exactly what your brothers(BOKO HARAM) are doing in the North. Fighting For God.

InvertedHammer: It is about time!

Jeeeeeeesus Christ!

What did Mustapha do that turned him into an overnight hero in the north?

Have we stooped this low to honour murderers?

Unbe-f_cking-lieveable!

//

calling him a murderer could earn you a jail term. So watch it!

Let the judges of the world set him off,sinners shall not come unpunished !

This is unnecessary. Waste of Lagos taxpayers money. Was Kudirat an official of the LASG at the time of her death? Her family announced publicly they had forgiven Al-Mustafa so, why should LASG be taking panadol for another man's headache? The prosecution team will fail again. Simple NGF chairmanship saga they could not prosecute and had to withdraw the case. Fashola is fun of rushing to the courts only to appear helpless mid-way. His legal practice is becoming questionable.

I like the arguments here; very educating and informative. Lawyers una dey try.

Goddex: This is unnecessary. Waste of Lagos taxpayers money. Was Kudirat an official of the LASG at the time of her death? Her family announced publicly they had forgiven Al-Mustafa so, why should LASG be taking panadol for another man's headache? The prosecution team will fail again. Simple NGF chairmanship saga they could not prosecute and had to withdraw the case. Fashola is fun of rushing to the courts only to appear helpless mid-way. His legal practice is becoming questionable.

With due respect,it appears you know little or nothing abt LAW. Even if Kudirat Abiola's family has forgivn Mustapha,it dosn't stop the LASG 4rm prosecuting the accused. A CRIME IS AGAINST THE STATE AND 'NOT THE INDIVIDUAL'. And pls stop saying 'crap' abt Fashola. And pls stop talking trash abt the govt wasting tax-payers' money. The aim of LASG is to get justice at all cost
she wasn't an official of LASG but she was murdered in LASG. Dat,my friend,is what makes the difference.

Person no go hear word again cos of one person? Is 15 years not enuff? Na wa o