- The court ruled that nine years was more than sufficient for the government
- Thursday’s ruling by the Supreme Court now closes the chapter on the murder case
- Justice Uwani Aba-Aji criticised Lagos State for its “inexcusable” delay in pursuing the appeal
The Supreme Court on Thursday brought final closure to the decades-long murder case of Alhaja Kudirat Abiola, dismissing Lagos State Government’s attempt to reopen the prosecution of Major Hamza Al-Mustapha (retd.).
In a unanimous decision, Eko Hot Blog reports a five-justice panel ruled that Lagos State had effectively abandoned its appeal by failing to take any legal action for nine years following Al-Mustapha’s acquittal.
EDITOR’S PICK
- Akande at 87: Adewole Hails Elder Statesman
- Lagos Assembly Approves ₦4.44 Trillion Budget for 2026
- NANS Mobilises Nationwide Protest Over Tax Reform Law
Al-Mustapha, former Chief Security Officer to the late military ruler, General Sani Abacha, was originally standing trial for the 1996 assassination of Kudirat Abiola, wife of Chief MKO Abiola, the presumed winner of the annulled June 12, 1993, presidential election. Kudirat Abiola was killed in Lagos on June 4, 1996, amid nationwide protests against the election annulment.
Delivering the ruling, Justice Uwani Aba-Aji criticised Lagos State for its “inexcusable” delay in pursuing the appeal, despite having been granted leave by the Supreme Court in 2014 to reopen the case.
Counsel to Al-Mustapha, Mr Paul Daudu (SAN), told the court that Lagos State had neither filed a notice of appeal nor taken any step to implement the 2014 order. He noted that the state was given 30 days to act but failed to do so, demonstrating a clear lack of interest in continuing the prosecution.
Justice Aba-Aji confirmed that the state was duly served with hearing notices, but neither the state nor its representatives appeared in court nor provided any explanation. The court ruled that nine years was more than sufficient for the government to file the necessary documents.
As a result, the Supreme Court dismissed the appeal SC/CR/45/2014. A related appeal by Lagos State, SC/CR/6/2014, was also struck out for the same reasons.
The 2014 Supreme Court order had allowed Lagos State to appeal out of time against the Court of Appeal’s July 12, 2013 judgment, which acquitted Al-Mustapha. The order required the state to file its notice of appeal within 30 days after reviewing the case.
At the trial level, 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 convictions in 2013, citing insufficient and unreliable evidence, clearing the accused.
Thursday’s ruling by the Supreme Court now closes the chapter on the murder case nearly 30 years after Kudirat Abiola’s death, ending all legal avenues to revive the prosecution.
FURTHER READING
