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The Supreme Court on Thursday brought to a close the prolonged murder case of the late Alhaja Kudirat Abiola, rejecting attempts by the Lagos State Government to reopen the prosecution of Major Hamza Al-Mustapha (rtd).
In a unanimous ruling, a five-member panel of the apex court held that the state government had effectively abandoned its appeal against Al-Mustapha’s acquittal by failing to take any procedural steps for nine years.
Al-Mustapha, former Chief Security Officer to military ruler General Sani Abacha, was prosecuted over the assassination of Kudirat Abiola, wife of the presumed winner of the June 12, 1993 presidential election, Chief Moshood Abiola. She was killed in Lagos on June 4, 1996, during nationwide protests against the annulment of the election.
Delivering the ruling, Justice Uwani Aba-Aji criticized the Lagos State Government for an inexcusable failure to pursue its appeal, despite being granted leave by the Supreme Court in 2014 to challenge Al-Mustapha’s acquittal.
Al-Mustapha’s counsel, Mr. Paul Daudu, SAN, informed the court that the state government neither filed a notice of appeal nor complied with the court’s directive more than nine years after the order was made. He noted that Lagos State had 30 days in 2014 to file its appeal but failed to do so, demonstrating a lack of interest in prosecuting the case, and urged the court to dismiss the appeal on grounds of abandonment.
Justice Aba-Aji confirmed that court records showed Lagos State had been served with hearing notices but neither appeared nor explained its absence.
The panel held that nine years was sufficient for the appellant to regularize its processes, expressing displeasure that the state government had not communicated with the court despite awareness of proceedings since 2020.
As a result, the appeal marked SC/CR/45/2014 was dismissed, and a related appeal, SC/CR/6/2014, was struck out for the same reason.
The Supreme Court had earlier 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 required the state to file its notice of appeal within 30 days.
At trial, a Lagos High Court on January 30, 2012, had sentenced Al-Mustapha, Mohammed Abacha, and Lateef Shofolahan to death by hanging for conspiracy and murder. The Court of Appeal overturned the conviction in 2013, citing weak and unreliable evidence, and ordered their release.
