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By Oscar Okhifo
The Supreme Court on Thursday dismissed the long-running murder case of Alhaja Kudirat Abiola, bringing to a close all legal efforts to revive the prosecution of Major Hamza Al-Mustapha (retd), a former Chief Security Officer to late military ruler, General Sani Abacha.
In a unanimous decision, the five-member panel ruled that Lagos State had effectively abandoned its appeal against Al-Mustapha’s acquittal, having taken no legal action for over nine years.
The court described the inaction as a clear demonstration of the state’s lack of interest in pursuing the case.
Kudirat Abiola, the wife of Chief MKO Abiola, the presumed winner of Nigeria’s June 12, 1993 presidential election, was assassinated in Lagos on June 4, 1996, amid nationwide protests over the annulment of the election results.
Her murder remains one of the most infamous political assassinations in Nigeria’s history.
Delivering the ruling, Justice Uwani Aba-Aji criticized the Lagos State Government for its “inexcusable” delay, noting that the Supreme Court had in 2014 granted the state permission to reopen the case and file an appeal within 30 days, a deadline it failed to meet.
Counsel to Al-Mustapha, Mr Paul Daudu (SAN), told the court that Lagos State neither filed a notice of appeal nor took any step to implement the court’s order for over nine years, despite being given 30 days to do so in 2014.
Justice Aba-Aji confirmed from court records that Lagos State was duly served with hearing notices but neither appeared in court nor offered any explanation for its absence.
The court held that nine years was more than sufficient time to file the required processes, adding that the conduct of the appellant showed a clear lack of interest in pursuing the matter.
Consequently, the appeal marked SC/CR/45/2014 was dismissed, while a related appeal, SC/CR/6/2014, was also struck out on the same grounds.
The court also noted that Lagos State had been granted special permission in 2014 to appeal out of time against the July 12, 2013 judgment of the Court of Appeal, which had acquitted Al-Mustapha due to insufficient and unreliable evidence.
Despite this rare opportunity, the state still failed to act.
At the trial level, a Lagos High Court had on January 30, 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 evidence, and ordered their release.
With Thursday’s ruling, the Supreme Court has effectively brought a close to the decades-long legal battle, ending all attempts to revive the prosecution nearly 30 years after Kudirat Abiola’s assassination.