Mixed reactions on Friday trailed the acquittal of Hamza Al-Mustapha and Lateef Shofolahan for the alleged murder of Alhaja Kudirat Abiola by the Court of Appeal in Lagos.
Mr Fred Agbaje, a human rights activist, told the News Agency of Nigeria (NAN) in Lagos that the decision of the appellate court was not surprising.
Agbaje said: “The level of evidence in that case left too many loopholes for the defence counsel to take advantages of and that is exactly what they have done.”
According to him, the judgment has shown that there is no reasonable ground to detain Al-Mustapha and Shofolahan for almost 15 years.
“It is good for the development of the rule of law in this country. The innocent shall not be unjustly punished. I hope the matter will now rest, except the Lagos State Government wants to pursue an appeal.
“Lagos State must not only be ready to pay damages for unlawfully and unconstitutionally detaining and prosecuting an innocent citizen for 15 years, but must be ready as well to offer apology to Al-Mustapha and co,” Agbaje said.
Also, a criminal defence lawyer, Mr Yemi Omodele, said the judgment was a good development for both the bar and the bench.
Omodele said: “Al-Mustapha has rightly exercised his constitutional right and he has got what he wants from the Court of Appeal.
“If the prosecution is not satisfied with the decision, they can file an appeal at the Supreme Court.
“But I believe that the appeal court’s judgment was very sound.”
On his part, Mr Onyekachi Ubani, Chairman, Nigerian Bar Association (NBA), Ikeja branch, told NAN that the judgment was a temporary relief for Al-Mustapha.
He said: “I am yet to be abreast of the reasons for the reversal of the judgment, but it is within the purview of the appeal court to review decision of a lower court.
“It could be that they found out that the lower court erred either on the side of law or on the application of fact.
“However, the government may appeal to the Supreme Court. So for now, it is a temporary relief for Al-Mustapha.”
A constitutional lawyer, Prof. Itse Sagay (SAN), cautioned that there should be no impunity in the country.
“That principle must be established in this country that anybody who infringes on a person’s right, particularly the right to life, must pay fully for it under the law.
“That is what I want to say,” Sagay emphasised.
Mr Bamidele Aturu, a human rights activist, said he would need to thoroughly review the judgment before commenting on the merits or demerits of the decision.
