- Supreme Court Dismisses Kudirat Abiola Murder Case Against Al Mustapha
- Court says Lagos abandoned appeal for over nine years.
- Ruling ends all efforts to reopen Al Mustapha’s trial.
The Supreme Court on Thursday dismissed the murder case filed by the Lagos State Government against Major Hamza Al Mustapha (retd), former Chief Security Officer to late Head of State, Sani Abacha, over the killing of Alhaja Kudirat Abiola.
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EKO HOT BLOG reports that Alhaja Kudirat Abiola, wife of the late business mogul and politician, MKO Abiola, was assassinated in Lagos on June 4, 1996, during the political turmoil that followed the annulment of the June 12, 1993 presidential election, widely believed to have been won by her husband.
In a unanimous decision delivered by a five member panel of justices led by Justice Uwani Aba Aji, the apex court held that Lagos State had abandoned its appeal seeking to reopen Al Mustapha’s trial.
When the matter was called, counsel to Al Mustapha, Paul Daudu (SAN), told the court that although the Supreme Court granted Lagos State permission in 2014 to challenge the acquittal, the state failed to file any notice of appeal or take steps to prosecute the case.
Daudu said Lagos was given 30 days to file its appeal but did nothing for more than nine years, urging the court to dismiss the case for lack of diligent prosecution.
Justice Aba Aji confirmed that Lagos State was duly served with hearing notices but neither appeared in court nor filed any processes. The court ruled that the prolonged inaction showed clear loss of interest in the matter.
Describing the conduct of Lagos State as inexcusable and an abuse of court process, the Supreme Court dismissed the appeal marked SC CR 45 2014. A related appeal, SC CR 6 2014, was also struck out.
In 2014, the apex court had granted Lagos permission to challenge the July 12, 2013 judgment of the Court of Appeal, which discharged and acquitted Al Mustapha. The appellate court held that the prosecution failed to establish sufficient evidence linking him to the crime.
That ruling overturned a 2012 Lagos High Court judgment that sentenced Al Mustapha and others to death. Thursday’s decision effectively ends all attempts to revive the case.
