Supreme Court Ends Kudirat Abiola Murder Case, Dismisses Lagos Appeal
The Supreme Court on Thursday brought a final closure to the long-running murder case of Alhaja Kudirat Abiola, dismissing an appeal by the Lagos State Government seeking to revive the prosecution of Major Hamza Al-Mustapha (retd.).
In a unanimous decision, a five-member panel of the apex court ruled that Lagos State had effectively abandoned its appeal by failing to take any legal steps to prosecute the matter for nine years.
Al-Mustapha, a former Chief Security Officer to late military ruler General Sani Abacha, had been charged with the murder of Kudirat Abiola, the wife of Chief MKO Abiola, the presumed winner of the annulled June 12, 1993, presidential election.
Kudirat Abiola was assassinated in Lagos on June 4, 1996, during the height of nationwide protests against the annulment of the historic election.
Delivering the ruling, Justice Uwani Aba-Aji faulted the Lagos State Government for what she described as an “inexcusable” failure to pursue the appeal, despite being granted permission by the Supreme Court in 2014 to challenge Al-Mustapha’s acquittal.
When the case was called, counsel to Al-Mustapha, Mr. Paul Daudu (SAN), informed the court that Lagos State neither filed a notice of appeal nor took any procedural steps to activate the appeal over the past nine years.
Daudu noted that the state had been given 30 days in 2014 to file its appeal but failed to comply, arguing that the prolonged inaction clearly amounted to abandonment of the case. He urged the court to dismiss the appeal in its entirety.
Justice Aba-Aji confirmed that court records showed Lagos State was duly served with hearing notices but failed to appear or offer any explanation for its absence.
In its ruling, the court held that nine years was more than sufficient time for the appellant to file the necessary processes and expressed displeasure over the state’s failure to enter appearance or communicate 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, SC/CR/6/2014, was also struck out on the same grounds.
The Supreme Court had, in 2014, granted Lagos State leave to appeal out of time against the July 12, 2013 judgment of the Court of Appeal, which discharged and acquitted Al-Mustapha.
That order, issued by a seven-member panel led by the then Acting Chief Justice of Nigeria, Justice Walter Onnoghen, directed the state to file its notice of appeal within 30 days.
At the trial court, a Lagos High Court had in January 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 weak and unreliable evidence.
With Thursday’s ruling, the Supreme Court has effectively ended all legal efforts to revive the prosecution, closing a case that has spanned nearly three decades since Kudirat Abiola’s assassination.