The Supreme Court on Thursday brought a definitive close to the protracted m3rder case of Alhaja Kudirat Abiola, rejecting efforts by the Lagos State Government to reopen the prosecution of retired Major Hamza Al-Mustapha
In a unanimous verdict, a five-member panel of the apex court ruled that Lagos State had effectively abandoned its appeal against Al-Mustapha’s acquittal, having taken no legal steps for nine years.
Al-Mustapha, who served as Chief Security Officer to late military ruler General Sani Abacha, was prosecuted over the killing of Kudirat Abiola, the wife of the presumed winner of the June 12, 1993, presidential election, Chief MKO Abiola.
Kudirat Abiola was assassinated in Lagos on June 4, 1996, during intense nationwide protests over the annulment of the June 12 election.
While delivering the ruling, Justice Uwani Aba-Aji criticized the Lagos State Government for its “inexcusable” failure to pursue the appeal, despite being granted leave by the Supreme Court in 2014 to revive the case.
When the matter was mentioned, Al-Mustapha’s counsel, Paul Daudu (SAN), informed the court that Lagos State neither filed a notice of appeal nor took any steps to act on the order granted over nine years earlier.
He pointed out that the state was given 30 days in 2014 to file its appeal but failed to do so, arguing that the conduct showed a clear lack of interest in continuing the case. He urged the court to dismiss the appeal on the grounds that it had been abandoned.
Justice Aba-Aji confirmed, based on records from the court registrar, that Lagos State was properly served with hearing notices but failed to appear in court or provide any explanation.
In its ruling, the court held that nine years was more than enough time for the appellant to file the necessary processes. The panel expressed displeasure that the state government neither entered an appearance nor communicated with the court, despite being aware of the proceedings since 2020.
As a result, the appeal marked SC/CR/45/2014 was dismissed. A related appeal by the Lagos State Government, marked SC/CR/6/2014, was also struck out on the same grounds.
The Supreme Court had, in 2014, 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-member panel led by then Acting Chief Justice of Nigeria, Walter Onnoghen, directed the state to file its notice of appeal within 30 days.
The ruling followed Lagos State’s claim that it needed time to review the case and challenge the Court of Appeal’s finding that the evidence against Al-Mustapha was insufficient.
At the trial stage, a Lagos High Court 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 freed the defendants.
With Thursday’s judgment, the Supreme Court has conclusively ended the case, closing the door on all attempts to revive the prosecution nearly three decades after the assassination of Kudirat Abiola.
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