S’Court closes Kudirat Abiola murder case, dismisses Lagos appeal

The Supreme Court, on Thursday, finally brought to an end the long-running murder case of Alhaja Kudirat Abiola, dismissing the attempt by the Lagos State Government to revive the prosecution of Major Hamza Al-Mustapha (retd.).

In a unanimous decision, a five-man panel of the apex court held that Lagos State abandoned its appeal against Al-Mustapha’s acquittal by failing to take any legal steps for nine years.

Al-Mustapha, a former Chief Security Officer to late military ruler, General Sani Abacha, had been standing trial for the murder of Kudirat Abiola, 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, at the height of the nationwide agitation against the annulment of the June 12 election.

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Delivering the ruling, Justice Uwani Aba-Aji faulted the Lagos State Government for its “inexcusable” failure to prosecute the appeal, despite being granted leave by the Supreme Court in 2014 to reopen the case.

When the matter was called, counsel to Al-Mustapha, Mr Paul Daudu (SAN), told the court that Lagos State neither filed a notice of appeal nor took any step to implement the order granted it over nine years ago.

Daudu noted that the state was given 30 days in 2014 to file its appeal but failed to do so, arguing that the conduct clearly showed a lack of interest in pursuing the case.

He urged the court to dismiss the appeal in its entirety on the ground of abandonment.

Justice Aba-Aji confirmed from the court registrar that Lagos State was duly served with hearing notices, yet failed to appear or offer any explanation.

In a brief ruling, the court held that nine years was more than sufficient time for the appellant to file the required processes.

The panel expressed displeasure that the state government neither entered appearance nor communicated with the court, despite being aware of the proceedings since 2020.

Consequently, the appeal marked SC/CR/45/2014 was dismissed.

A related appeal filed 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.

The order, issued by a seven-man panel led by the then Acting Chief Justice of Nigeria, Justice Walter Onnoghen, directed Lagos State to file its notice of appeal within 30 days.

That ruling followed the 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 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, citing weak and unreliable evidence, and freed the accused.

With Thursday’s ruling, the Supreme Court has effectively closed the case, ending all legal efforts to revive the prosecution nearly three decades after Kudirat Abiola’s assassination.