The Supreme Court on Thursday brought final closure to the long-running murder case of Alhaja Kudirat Abiola, dismissing the Lagos State Government’s bid to revive the prosecution of Major Hamza Al-Mustapha (retd.)
In a unanimous ruling, a five-judge panel held that Lagos State had effectively abandoned its appeal against Al-Mustapha’s acquittal by failing to take any legal action for nine years.
Al-Mustapha, who served as Chief Security Officer to the late military ruler Gen. Sani Abacha, had been standing trial for the assassination of Kudirat Abiola, wife of the acclaimed winner of the June 12, 1993, presidential election, Chief MKO Abiola. Kudirat was killed in Lagos on June 4, 1996, during nationwide protests against the annulment of the June 12 election.
Delivering the lead judgment, Justice Uwani Aba-Aji criticized the Lagos State Government for its “inexcusable” failure to pursue the appeal despite being granted permission by the Supreme Court in 2014 to reopen the case.
When the matter was called, Al-Mustapha’s lawyer, Paul Daudu (SAN), informed the court that Lagos State neither filed a notice of appeal nor took any steps to comply with the 2014 order. He noted that the state had 30 days to file its appeal but did nothing, demonstrating a clear lack of interest in pursuing the case.
Daudu urged the court to dismiss the appeal entirely on the grounds of abandonment. Justice Aba-Aji confirmed from the court registrar that Lagos State had been duly served with hearing notices but failed to appear or provide any explanation.
The court ruled that nine years was more than sufficient time for the appellant to file the required processes. The panel expressed disappointment that the state government had neither entered an appearance nor communicated with the court despite being aware of the proceedings since 2020.
Consequently, the appeal SC/CR/45/2014 was dismissed, and a related appeal, SC/CR/6/2014, was also struck out for the same reason.
The Supreme Court had granted Lagos State permission in 2014 to appeal out of time against the Court of Appeal’s July 12, 2013 judgment, which had acquitted Al-Mustapha. The order, issued by a seven-judge panel led by then acting Chief Justice of Nigeria, Justice Walter Onnoghen, directed Lagos State to file its notice of appeal within 30 days, following the state’s claim that it needed time to review the case.
At the original trial, a Lagos High Court had on January 30, 2012, sentenced Al-Mustapha, Mohammed Abacha, and Lateef Shofolahan to death by hanging for conspiracy and murder. However, the Court of Appeal overturned the conviction in 2013, citing weak and unreliable evidence, and acquitted the accused.
With Thursday’s Supreme Court ruling, all legal avenues to revive the prosecution have been closed, nearly three decades after Kudirat Abiola’s assassination.
