By Innocent Anaba & Bartholomew Madukwe

A Lagos High Court, yesterday, adjourned till May 31 to rule on the application by the Lagos State government to re-open its case against Major Hamza Al-Mustapha, former Chief Security Officer, CSO,  to the late Head of State, Gen. Sani Abacha, and two others, who are standing  trial over their alleged involvement in the murder of Alhaja Kudirat Abiola.

Trial judge in the matter, Justice Mojisola Dada, had earlier closed the case of the prosecution due to its failure  to produce witnesses in court but the prosecution, in a fresh application, had prayed the court for leave to re-open it’s case.

State counsel, yesterday, told the court that the essence of the application was to allow Commissioner of Police, Mr. Fari Yusuf, to complete his evidence in chief and be cross-examined by the defence counsel.

The prosecution said that  the application was peculiar, as it (prosecution) did not asked the court to close its case, more so, that the court acted based on the request of the defence counsel, despite efforts made by the prosecution to produce it’s witnesses in court.

The application, according to the prosecution, was not meant to damage the case or raise fresh issues but to be allowed to call a witness, who had been in the witness box, to conclude his evidence.

Defence counsel, however, accused the prosecution of “prosecutor lethargy’ due to ignorance or sheer mischief, adding  that as far back as 2001 when the Court of Appeal granted stay of proceeding in the case of Mohammed Abacha, the appellate court clearly stated that the case of Al-Mustapha and others should proceed but that the prosecution did nothing.