REVEALED: Why S’Court Dismissed Lagos Gov’t Appeal Against Al-Mustapha Over Murder of Kudirat Abiola
The Supreme Court on Thursday dismissed the Lagos State Government’s appeal seeking to revive the prosecution of Major Hamza Al-Mustapha (retd.) in the murder of late Alhaja Kudirat Abiola, citing the state’s failure to take any legal steps for nine years after being granted leave to appeal.
In a unanimous ruling, a five-member panel of the apex court held that the prolonged inaction amounted to an abandonment of the case, bringing to a final close one of Nigeria’s most high-profile and long-running murder trials.
Delivering the lead ruling, Justice Uwani Aba-Aji described the state government’s conduct as “inexcusable,” noting that despite being granted permission in 2014 to reopen the case, Lagos State neither filed a notice of appeal nor complied with the court’s directive to prosecute the matter.
Counsel to Al-Mustapha, Mr Paul Daudu (SAN), had informed the court that the state was given 30 days in 2014 to file its appeal but failed to do so, adding that the delay clearly demonstrated a lack of interest in pursuing the case.
Justice Aba-Aji confirmed that the court registrar had verified that Lagos State was duly served with hearing notices but failed to appear or provide any explanation for its absence.
“The court finds that nine years is more than sufficient time for the appellant to file the necessary processes,” the panel ruled, expressing displeasure that the state neither entered appearance nor communicated with the court despite being aware of the proceedings since 2020.
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Consequently, the appeal marked SC/CR/45/2014 was dismissed, while a related appeal, SC/CR/6/2014, filed by the Lagos State Government, was also struck out on the same grounds.
Al-Mustapha, a former Chief Security Officer to late military ruler General Sani Abacha, had been standing trial for the assassination of Kudirat Abiola, the wife of the presumed winner of the June 12, 1993, presidential election, Chief Moshood Kashimawo Olawale (MKO) Abiola.
Kudirat Abiola was killed in Lagos on June 4, 1996, at the height of nationwide protests against the annulment of the June 12 election.
In 2014, the Supreme Court had granted Lagos State leave to appeal out of time against the July 12, 2013 judgment of the Court of Appeal, which discharged and acquitted Al-Mustapha. The order, issued by a seven-member panel led by then Acting Chief Justice of Nigeria, Justice Walter Onnoghen, directed the state to file its notice of appeal within 30 days.
The state had argued that it needed time to review the case and challenge the appellate court’s finding that the evidence against Al-Mustapha was weak and unreliable.
At the trial court, 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 and ordered their release.
With Thursday’s ruling, the Supreme Court has effectively drawn the legal curtain on the case, ending all efforts to reopen the prosecution nearly three decades after Kudirat Abiola’s assassination.
By PRNigeria
