The Ngeria Supreme Court of Justice has on Thursday dismissed the murder case instituted by the Lagos State Government against Major Hamza Al-Mustapha (retd), the former Chief Security Officer to the late Head of State, Sani Abacha, over the killing of Alhaja Kudirat Abiola.
Accodring to reports, Alhaja Kudirat Abiola was the wife of the late business mogul and politician, MKO Abiola, the presumed winner of the annulled June 12, 1993 presidential election.
She was assassinated on June 4, 1996, during the political tension that followed the annulment and her campaign for the restoration of her husband’s mandate.
The Supreme Court unanimously dismissed Lagos State’s appeal against Major Hamza Al-Mustapha in the Kudirat Abiola murder case.
Panel Decision
A five-man panel led by Justice Uwani Aba-Aji ruled that Lagos State abandoned efforts to reopen Al-Mustapha’s trial.
Al-Mustapha’s Counsel: Lagos Inactive Since 2014 Case Reopening Permission
Lagos failed to file any appeal notice or prosecute the Kudirat Abiola murder matter against Al-Mustapha.
Al-Mustapha’s Counsel: Lagos Failed to Appeal Within 2014 30-Day Limit, Seeks Dismissal
Justice Aba-Aji: Lagos Served Hearing Notices, Absent Without Representation or Filed Processes
In its ruling, the Supreme Court held that Lagos State had clearly lost interest in the case.
Justice Aba-Aji noted nine years exceeded ample time for Lagos State to comply with the Supreme Court’s 2014 directive.
Inexcusable Delay
The judge described the state’s prolonged inaction on Al-Mustapha’s Kudirat Abiola murder appeal as completely inexcusable.
The Supreme Court expressed strong dissatisfaction with Lagos State’s failure to appear or offer any explanation for its inaction.
This conduct constituted a clear abuse of court process in the Al-Mustapha Kudirat Abiola murder appeal.
Consequently, the appeal marked SC/CR/45/2014 was dismissed.
Another related appeal filed by the Lagos State Government, marked SC/CR/6/2014, was also struck out on the same grounds.
Supreme Court Granted Lagos 2014 Appeal Permission Against Al-Mustapha Acquittal
In 2014, the Supreme Court granted Lagos State permission to challenge the July 12, 2013 judgment of the Court of Appeal, which discharged and acquitted Al-Mustapha of Kudirat Abiola’s murder.
Justices Amina Augie, Rita Pemu, and Fatimo Akinbami delivered the verdict overturning the Kudirat Abiola murder conviction.
The Court of Appeal’s decision reversed the January 30, 2012, Lagos High Court judgment.
Justice Mojisola Dada sentenced Al-Mustapha, Mohammed Abacha, and Lateef Shofolahan to death by hanging.
High Court Convicts on Conspiracy, Kudirat Abiola Murder
The High Court convicted them on charges of conspiracy and Kudirat Abiola’s murder.
Thursday’s Supreme Court ruling definitively ends all Lagos State attempts to revive the Kudirat Abiola murder case.
No further appeals or prosecutions can proceed against Al-Mustapha following this unanimous decision.
The judgment resolves decades of litigation stemming from the 1996 assassination during political unrest.
