The Supreme Court has dismissed the trial of the former Chief Security Officer, to ex-Military Head of State, General Sani Abacha, Major Hamza Al-Mustapha (rtd), in the murder of Kudirat Abiola.
During proceeding, Lagos State was slated to re-open the trial, but no legal representation was made, while no process was filed since 2014 when the order to re-open the case was granted in its favour.
Paul Daudu, counsel to Al- Mustapha, informed the Justices of the Apex Court, that Lagos has not taken any step to implement the order granted it in 2014 to re-open the trial.
Daudu said that not even a notice of appeal was filed by Lagos state, as the appellant to demonstrate its seriousness to prosecute the trial.
The senior lawyer informed the Apex Court that in 2014 when the order to re-open the trial was granted, Lagos was issued a 30-day ultimatum to file its notice of appeal.
Daudu explained that more than nine years after, nothing was done to comply with the order. He therefore urged the Court to hold that the appellant has abandoned the case and should be dismissed in its entirety.
Justice Uwani Aba-Aji who presided over the matter, sought to know if Lagos was served with hearing notice, the Registrar of the Court answered in the affirmative.
