The Supreme Court has finally ended the decades-long legal battle surrounding the murder of Alhaja Kudirat Abiola in Lagos under the military junta.
The court dismissed an attempt by Lagos State Government to prosecute Hamza Al-Mustapha, the former Chief Security Officer to late military dictator Sani Abacha.
The justices were critical of the government’s delay, noting that even after being given the green light to reopen the case in 2014, the state did nothing for nine years.
Persecondnews recalls that Al-Mustapha was the primary suspect in the 1996 assassination of Kudirat Abiola, wife of the late Chief MKO Abiola, winner of the 1993 presidential election.
Justice Uwani Aba-Aji, who delivered the lead judgment, described the state’s failure to move forward with the appeal—despite having permission since 2014—as “inexcusable”.
As a result of this “inexcusable” negligence, the court upheld Al-Mustapha’s previous acquittal, marking a definitive end to the high-profile case.
When the matter was called, Al-Mustapha’s lawyer, Mr Paul Daudu (SAN), told the court that Lagos State neither filed a notice of appeal nor took any step to implement the order granted it over nine years ago.
Daudu noted that the state was given 30 days in 2014 to file its appeal but failed to do so, arguing that the conduct clearly showed a lack of interest in pursuing the case.
He urged the court to dismiss the appeal in its entirety on the grounds of abandonment.
Justice Aba-Aji confirmed from the court Registrar that Lagos State was duly served with hearing notices, yet failed to appear or offer any explanation.
In a brief ruling, the court held that nine years was more than sufficient time for the appellant to file the required 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.
Consequently, the appeal marked SC/CR/45/2014 was dismissed.
A related appeal filed by the Lagos State Government, marked SC/CR/6/2014, was also struck out on the same 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, issued by a seven-man panel led by the then Acting Chief Justice of Nigeria, Justice Walter Onnoghen, directed Lagos State to file its notice of appeal within 30 days.
That ruling followed the state’s claim that it needed time to review the case and challenge the Court of Appeal’s finding that the evidence against Al-Mustapha was insufficient.
Persecondnews also recalls that on January 30, 2012, a Lagos High Court had 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 “weak and unreliable evidence”, and freed the accused.
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