Supreme Court ends Kudirat Abiola murder case, affirms Al-Mustapha’s freedom

The Supreme Court on Thursday brought a definitive end to the protracted murder case of Alhaja Kudirat Abiola, dismissing attempts by the Lagos State Government to revive the prosecution of Major Hamza Al-Mustapha (retd).

In a unanimous decision by a five-member panel, the apex court ruled that Lagos State abandoned its appeal against Al-Mustapha’s acquittal by failing to take any legal steps for nine years.

Al-Mustapha, a former Chief Security Officer to late military ruler General Sani Abacha, had been charged with the murder of Kudirat Abiola, wife of the presumed winner of the June 12, 1993 presidential election, Chief MKO Abiola. Kudirat was killed in Lagos on June 4, 1996, during nationwide protests against the annulment of the election.

Delivering the lead judgment, Justice Uwani Aba-Aji described the Lagos State Government’s conduct as “inexcusable,” noting that despite being granted leave in 2014 to reopen the case, the state failed to act.

When the case was called, counsel to Al-Mustapha, Mr Paul Daudu (SAN), informed the court that Lagos State neither filed a notice of appeal nor took any step to prosecute the matter, even though it was given 30 days in 2014 to do so. He argued that the prolonged inaction showed clear abandonment and urged the court to dismiss the appeal.

Justice Aba-Aji confirmed that the state was duly served with hearing notices but neither appeared in court nor offered any explanation. The court held that nine years was more than sufficient time to file the required processes and expressed displeasure over the state’s failure to participate in proceedings it had been aware of since 2020.

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.

In 2014, the Supreme Court had granted Lagos State permission to appeal out of time against the July 12, 2013 judgment of the Court of Appeal, which acquitted Al-Mustapha. The court had ordered the state to file its notice of appeal within 30 days, following claims that it needed time to challenge the appellate court’s finding that the evidence was insufficient.

Earlier, a Lagos High Court had on January 30, 2012 sentenced Al-Mustapha, Mohammed Abacha and Lateef Shofolahan to death for conspiracy and murder. That conviction was overturned in 2013 by the Court of Appeal, which cited weak and unreliable evidence.

With Thursday’s ruling, the Supreme Court has окончluded the case, effectively ending all legal efforts to revive the prosecution nearly three decades after Kudirat Abiola’s assassination.