SUPREME COURT DISMISSES LAGOS STATE APPEAL FOR RETRIAL OF AL-MUSTAPHA IN KUDIRAT ABIOLA MURDER CASE
The Supreme Court has dismissed the Lagos State Government’s long-standing attempt to reopen the trial of Major Hamza Al-Mustapha (rtd), the former Chief Security Officer to the late Head of State, General Sani Abacha, for the murder of Alhaja Kudirat Abiola. A five-member panel of Justices led by Justice Uwani Aba-Aji ruled on Thursday that the state had abandoned its appeal.
Kudirat Abiola, the wife of Chief MKO Abiola—the presumed winner of the annulled June 12, 1993 presidential election—was assassinated in Lagos on June 4, 1996, during the nationwide unrest that followed the annulment.
Justice Aba-Aji, delivering the ruling, emphasized that nine years was more than sufficient for Lagos to act. The Court noted that since 2014, when permission was granted to reopen the case, the state had failed to file any process or provide legal representation despite repeated hearing notices. The Court expressed dismay that no steps were taken, describing the state’s conduct as a clear abandonment of the case.
Senior Advocate of Nigeria Paul Daudu, representing Al-Mustapha, informed the Court that Lagos had ignored the 30-day ultimatum issued in 2014 to file its notice of appeal. He urged the Court to dismiss the matter entirely, a position the Justices unanimously upheld.
Accordingly, the matter marked SC/CR/45/2014 was dismissed, along with another related appeal, SC/CR/6/2014, filed by the Lagos State Government.
In 2014, the Supreme Court had granted Lagos permission to challenge the Court of Appeal’s July 12, 2013 judgment, which discharged and acquitted Al-Mustapha. The then Acting Chief Justice of Nigeria, Justice Walter Onnoghen, extended the time for Lagos to file its appeal, but the state failed to comply.
The Lagos Government had sought to overturn the appellate court’s decision and reinstate the January 30, 2012 death sentence handed down by Justice Moji Dada of the Lagos High Court. That High Court judgment had convicted Al-Mustapha, Mohammed Abacha, and Lateef Shofolahan of conspiracy and murder in the case.
