The Supreme Court on Thursday brought final closure to the decades-long murder case of Alhaja Kudirat Abiola, dismissing efforts by the Lagos State Government to reopen the prosecution of Major Hamza Al-Mustapha (retd.).
In a unanimous verdict, a five-member panel of the apex court ruled that Lagos State effectively abandoned its appeal against Al-Mustapha’s acquittal by failing to take any procedural steps for nine years.
Al-Mustapha, who served as Chief Security Officer to former military ruler General Sani Abacha, had been prosecuted over the killing of Kudirat Abiola, wife of Chief MKO Abiola, the presumed winner of the annulled June 12, 1993, presidential election.
Kudirat Abiola was assassinated in Lagos on June 4, 1996, during widespread protests against the annulment of the June 12 election.
Delivering the lead ruling, Justice Uwani Aba-Aji criticised the Lagos State Government for what she described as an “inexcusable” failure to pursue its appeal, despite being granted permission by the Supreme Court in 2014 to challenge Al-Mustapha’s acquittal.
When the case was mentioned, Al-Mustapha’s counsel, Mr Paul Daudu (SAN), informed the court that Lagos State neither filed a notice of appeal nor took any step to comply with the court’s order more than nine years after it was issued.
Daudu noted that the state was granted 30 days in 2014 to file its appeal but failed to do so, arguing that the prolonged inaction showed a clear lack of interest in prosecuting the matter. He urged the court to dismiss the appeal on grounds of abandonment.
Justice Aba-Aji confirmed, based on records from the court registrar, that Lagos State had been properly served with hearing notices but failed to appear or provide any justification for its absence.
In its ruling, the court held that nine years constituted more than enough time for the appellant to file the necessary legal 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 filed by Lagos State, marked SC/CR/6/2014, was also struck out on similar grounds.
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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 the then Acting Chief Justice of Nigeria, Justice Walter Onnoghen, directed the state to file its notice of appeal within 30 days.
The permission was granted after Lagos State argued that it required time to review the case and challenge the Court of Appeal’s finding that the prosecution failed to prove its case beyond reasonable doubt.
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 unreliable and insufficient evidence, and ordered their release.
With Thursday’s decision, the Supreme Court has conclusively closed the case, bringing an end to all legal attempts to revive the prosecution nearly 30 years after the assassination of Kudirat Abiola.