By BARTHOLOMEW MADUKWE

LAGOS — Court of Appeal in Lagos, yesterday, expressed dissatisfaction with the Lagos State Government over the hearing of the appeal of Major Hamza Al-Mustapha, former Chief Security Officer, CSO, to late Head of State, General Sani Abacha; and Alhaji Lateef Shofolahan, Protocol Officer in the campaign organisation of late M.K.O Abiola, against the judgment of the trial court, which sentenced them to death.

It will be recalled that Justice Mojisola Dada of a Lagos High Court had passed the death sentence by hanging on both of them after they were arraigned on a four-count charge of conspiracy and murder of Alhaja Kudirat Abiola in 1996, along Lagos-Ibadan Expressway.

The appeal could not be heard yesterday as counsel to Lagos State Government, Mr. Femi Adamson, informed the appellate court, presided over by Justice Chuma Nweze, that the respondent had an application for extension of time dated April 29, 2013, to enable the state government file its respondent’s brief of argument.

Justice Nweze said: “Gentlemen, as you can see, it is not the fault of the court not to hear the appeal. Both counsel should desist from the attitude of filing applications late in any case.”

Adamson, who is Assistant Chief State Counsel in the Lagos State Ministry of Justice, apologised for late filing of the said application and explained that it was due to hitches beyond his control.

Moving the application for extension of time, Justice Nweze directed the state to serve the 2nd applicant’s counsel the respondent’s brief of argument, having served the 1st applicant its respondent’s brief.

However, counsel to Al-Mustapha, Joseph Daudu (SAN), former President of the Nigerian Bar Association, in his response did not oppose the application for extension of time, but noted that the development was not fair in its entirety.

Mr. Olalekan Ojo, counsel to Shofolahan, expressed displeasure over the development but aligned himself to the stance of Daudu.

The appellate court then adjourned hearing of the appeal till May 30.

The duo argued that the trial court erred in law when it arrived at the conclusion that they conspired to kill Alhaja Kudirat on June 4, 1996, and therefore urged the appellate court to entertain their appeal, set aside the judgment, and discharge and acquit them of conspiracy and murder accordingly.