The Supreme Court 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.
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 in Lagos on June 4, 1996, during the political unrest that followed the annulment and her campaign for the restoration of her husband’s mandate.
The apex court, in a unanimous decision delivered by a five-man panel led by Justice Uwani Aba-Aji, held that Lagos State had abandoned the appeal seeking to reopen Al-Mustapha’s trial.
When the matter was called, counsel to Al-Mustapha, Paul Daudu (SAN), informed the court that since the Supreme Court granted Lagos permission in 2014 to reopen the case, the state had failed to file any notice of appeal or take steps to prosecute the matter.
He said Lagos was given 30 days to file its appeal in 2014 but had done nothing for over nine years, urging the court to dismiss the case for want of diligent prosecution.
Justice Aba-Aji confirmed that Lagos State was duly served with hearing notices but had neither legal representation nor any filed processes before the court.
In its ruling, the Supreme Court held that Lagos State had clearly lost interest in the case.
Justice Aba-Aji said nine years was more than sufficient for the appellant to have complied with the court’s directive, describing the state’s inaction as inexcusable.
The court also expressed displeasure that Lagos failed to appear or provide any explanation, adding that the conduct amounted to an abuse of court process.
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.
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.
The Court of Appeal, in a unanimous verdict delivered by Justices Amina Augie, Rita Pemu and Fatimo Akinbami, held that the prosecution failed to establish sufficient evidence to sustain the conviction.
That decision overturned the January 30, 2012 judgment of a Lagos High Court, presided over by Justice Mojisola Dada, which sentenced Al-Mustapha, Mohammed Abacha and Lateef Shofolahan to death by hanging for conspiracy and murder.
Lagos State had sought to reinstate the death sentence, arguing that there was sufficient direct and circumstantial evidence linking Al-Mustapha to the crime.
However, with Thursday’s ruling, the Supreme Court has effectively brought to an end all attempts by the Lagos State Government to revive the case.