By Ayo Kehinde
The Supreme Court, on Thursday, brought to an end the protracted murder trial of Major Hamza Al-Mustapha (rtd), former Chief Security Officer (CSO) to late military Head of State, General Sani Abacha, over the assassination of Alhaja Kudirat Abiola.
A five-member panel of the apex court, led by Justice Uwani Abba-Aji, dismissed the appeal filed by the Lagos State Government, holding that the state had abandoned the case by failing to take any steps to prosecute it since 2014.
Kudirat Abiola, wife of the late businessman and politician, Chief MKO Abiola (the presumed winner of the annulled June 12, 1993, presidential election), was murdered in Lagos on June 4, 1996, during nationwide unrest that followed the annulment and her sustained campaign for the restoration of the mandate.
At Thursday’s proceedings, no legal representation appeared for Lagos State, and no court processes had been filed since the Supreme Court granted the state leave in 2014 to challenge the Court of Appeal judgment that discharged and acquitted Al-Mustapha.
Counsel to Al-Mustapha, Paul Daudu, SAN, told the court that Lagos failed to comply with the 30-day ultimatum issued by the apex court in 2014 to file its notice of appeal, adding that more than nine years had elapsed without any action.
Justice Aba-Aji, who presided over the proceedings, confirmed through the court registrar that Lagos State had been duly served with hearing notices.
In a unanimous ruling, the court held that the state had lost interest in the matter and accordingly dismissed the appeal.
“Nine years is more than enough time for an appellant to file a notice and brief of appeal,” Justice Aba-Aji said, expressing displeasure that the state neither appeared in court nor offered any explanation for its inaction despite being served since 2020.
Another appeal filed by the Lagos State Governor arising from the same case was also dismissed on identical grounds.
The Supreme Court had, in January 2014, permitted Lagos State to appeal out of time against the July 12, 2013, judgement of the Court of Appeal, which overturned Al-Mustapha’s conviction and death sentence by a Lagos High Court.
Originally, Al-Mustapha, Mohammed Abacha and the late Lateef Shofolahan were arraigned before the Lagos High Court on charges of conspiracy and murder over the killing of Kudirat Abiola. On January 30, 2012, Justice Mojisola Dada convicted the defendants and sentenced them to death by hanging.
However, the Court of Appeal, in a unanimous judgment delivered on July 12, 2013, set aside the convictions, holding that the prosecution failed to establish sufficient evidence to sustain the verdicts, and consequently discharged and acquitted the accused persons.
Thursday’s ruling by the apex court finally brings closure to one of Nigeria’s most high-profile and longest-running murder cases.
