Supreme Court dismisses Al-Mustapha’s trial over Kudirat Abiola’s murder after Lagos abandoned case for 11 Years

The Supreme Court has dismissed the trial of Major Hamza Al-Mustapha (rtd), former Chief Security Officer to late military ruler General Sani Abacha, over the murder of Alhaja Kudirat Abiola, after Lagos State failed to pursue the case for more than a decade.

Alhaja Kudirat Abiola, wife of late businessman and politician Chief MKO Abiola, was assassinated in Lagos during the political unrest that followed the annulment of the June 12, 1993 presidential election. Her killing occurred amid her sustained campaign against the annulment by the military government.

A five-member panel of the Supreme Court, led by Justice Uwani Aba-Aji, brought the long-running matter to an end after noting that Lagos State had taken no steps to reopen the trial since securing permission to do so in 2014.

At the hearing, Lagos State was absent and had filed no processes. Counsel to Al-Mustapha, a Senior Advocate of Nigeria, told the court that the state had failed to file a notice of appeal or take any action within the 30-day window granted in 2014, adding that more than 11 years had passed without compliance.

After confirming that Lagos State had been duly served with hearing notices, the court ruled unanimously that the state had clearly abandoned the case. Justice Aba-Aji held that the prolonged inaction showed a loss of interest and described the delay as inexcusable.

The court dismissed the appeal marked SC/CR/45/2014. A related appeal by the Lagos State government, marked SC/CR/6/2014, was also dismissed on the same grounds.

In 2014, the Supreme Court had granted Lagos State permission to challenge a Court of Appeal judgment delivered in 2013, which discharged and acquitted Al-Mustapha of the murder charge. The apex court had ordered the state to file its notice of appeal within 30 days, extending the time to appeal to early 2014.

Al-Mustapha, alongside Mohammed Abacha and Lateef Shofolahan, had earlier been convicted and sentenced to death by a Lagos High Court in 2012 for conspiracy and murder. That conviction was overturned in 2013 by the Court of Appeal, which ruled that the evidence was insufficient to sustain the verdict.

With the Supreme Court’s decision, the matter has now been finally laid to rest, bringing an end to one of Nigeria’s most high-profile criminal cases.