A legal practitioner, Ebun Adegboruwa gives his perspective on appeal and the justice system in Nigeria as Lagos challenges the acquittal and discharge of former chief security officer of late Gen. Sani Abacha, Maj. Hamza Al-mustapha and Personal Assistant to Late Kudirat ABiola, Lateef Shofolahan.
This edition of law Weekly examines the reactions trailing the move.
Last week Tuesday, the attorney general and commissioner for justice in Lagos, Mr Ade Ipaye declared, during a press briefing on law and order, that after studying the court of appeal judgment, the Lagos state government had filed its appeal.
Now in the early reactions trailing that announcement, the lawyer on the other side, Mr. Olalekan Ojo, says “while we recognise the fact that the Lagos state government has the right to appeal, the appeal cannot affect the freedom of the persons who have been discharged and acquitted by the court of appeal.
“The appeal cannot restore the judgment of the high court. There is nothing like stay of execution here. The judgment of the court of appeal cannot be stayed.”
Mr Adegboruwa, who has led a series of protests against the tolling of the lekki-epe expressway, is now in court challenging the tolling of the new Ikoyi/Lekki link bridge.