BLESSING OMALE, Abuja
The Supreme Court on Thursday brought to a definitive close the long-running murder case of Alhaja Kudirat Abiola, dismissing attempts by the Lagos State Government to revive the prosecution of Major Hamza Al-Mustapha (rtd), a former Chief Security Officer to late military ruler, General Sani Abacha.
In a unanimous decision, a five-member panel of the apex court ruled that Lagos State had abandoned its appeal against Al-Mustapha’s acquittal by failing to take any legal steps for nine years, despite being granted leave to do so.
Al-Mustapha had been standing trial for the assassination of Kudirat Abiola, wife of the acclaimed winner of the June 12, 1993 presidential election, the late Chief Moshood Kashimawo Olawale (MKO) Abiola.
Kudirat was killed in Lagos on June 4, 1996, at the height of nationwide protests against the annulment of the June 12 election by the military government.
Delivering the lead judgment, Justice Uwani Aba-Aji strongly faulted the Lagos State Government for what she described as an “inexcusable” failure to prosecute its appeal, even after the Supreme Court granted it permission in 2014 to reopen the case.
When the matter was called on Thursday, counsel to Al-Mustapha, Mr Paul Daudu (SAN), informed the court that Lagos State neither filed a notice of appeal nor took any step to implement the order granted by the Supreme Court over nine years ago.
He noted that the state was given 30 days in 2014 to file its appeal but failed to do so, arguing that the prolonged inaction clearly showed a lack of interest in pursuing the case.
Daudu consequently urged the court to dismiss the appeal in its entirety on the grounds that it had been abandoned.
Justice Aba-Aji confirmed, after inquiries from the court registrar, that Lagos State was duly served with hearing notices but failed to appear in court or provide any explanation for its absence.
The court expressed displeasure that the state government neither entered an appearance nor communicated with the court, despite being aware of the proceedings since 2020.
In a brief ruling, the Supreme Court held that nine years was more than sufficient time for the appellant to file the required court processes.
The panel subsequently dismissed the appeal marked SC/CR/45/2014 for want of diligent prosecution.
A related appeal filed by the Lagos State Government, marked SC/CR/6/2014, was also struck out on the same grounds.
The apex court recalled that in 2014, it had granted Lagos State permission to appeal out of time against the July 12, 2013 judgment of the Court of Appeal, which discharged and acquitted Al-Mustapha.
That order, issued by a seven-man panel led by the then Acting Chief Justice of Nigeria, Justice Walter Onnoghen, directed the state to file its notice of appeal within 30 days.
The ruling followed the state government’s claim at the time that it needed additional time to review the case and challenge the Court of Appeal’s conclusion that the evidence against Al-Mustapha was insufficient to sustain a conviction.
At the trial stage, 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 ordered the release of the accused persons.
With Thursday’s decision, the Supreme Court has effectively closed the case, bringing to an end all legal efforts to revive the prosecution nearly three decades after the assassination of Kudirat Abiola.
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