The Supreme Court on Thursday formally brought to a close the protracted murder case of Alhaja Kudirat Abiola, dismissing an appeal by the Lagos State Government seeking to reopen the prosecution of Major Hamza Al-Mustapha (retd.).
In a unanimous ruling, a five-member panel of the apex court held that Lagos State abandoned its appeal against Al-Mustapha’s acquittal by failing to take any procedural steps for nine years.
Al-Mustapha, a former Chief Security Officer to late military ruler, General Sani Abacha, had been tried over the killing 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, during widespread protests against the annulment of the June 12 election.
Delivering the ruling, Justice Uwani Aba-Aji described the conduct of the Lagos State Government as inexcusable, noting that the state failed to act despite being granted leave by the Supreme Court in 2014 to pursue the appeal.
When the case was mentioned, counsel to Al-Mustapha, Paul Daudu (SAN), informed the court that Lagos State neither filed a notice of appeal nor took any steps to comply with the court’s directive over a nine-year period.
Daudu said 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.
He urged the court to dismiss the appeal on the ground of abandonment.
Justice Aba-Aji confirmed that court records showed Lagos State was duly served with hearing notices but neither appeared nor offered any explanation for its absence.
In a brief ruling, the court held that nine years was more than sufficient for the appellant to file the required processes and dismissed the appeal marked SC/CR/45/2014.
A related appeal filed by the Lagos State Government, marked SC/CR/6/2014, was also struck out on similar 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 directed the state to file its notice of appeal within 30 days.
That decision followed claims by the state 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 freed the accused.
With Thursday’s ruling, the Supreme Court has effectively shut the door on all legal efforts to revive the case, nearly three decades after the assassination of Kudirat Abiola.
