By Yemi Oyeyemi, Abuja
The Supreme Court on Thursday dismissed the attempt by the Lagos State Government to reopen the murder trial of Major Hamza Al-Mustapha (retd.), former Chief Security Officer to late military ruler, General Sani Abacha, over the killing of Alhaja Kudirat Abiola.
In a unanimous decision, a five-member panel of the apex court, led by Justice Uwani Aba-Aji, held that Lagos State had abandoned its appeal by failing to take any step to prosecute the case for more than nine years after obtaining leave to do so.
Alhaja Kudirat Abiola, a prominent pro-democracy activist, was the wife of the late businessman and politician, Chief Moshood Kashimawo Olawale (MKO) Abiola, the presumed winner of the annulled June 12, 1993 presidential election. She was assassinated in Lagos on June 4, 1996, during the nationwide political unrest that followed the annulment and her sustained campaign against military rule.
At Thursday’s proceedings, Lagos State, listed as the appellant, was neither represented by counsel nor had it filed any process in the matter since 2014, when the Supreme Court granted it permission to reopen the case.
When the appeal was called, counsel to Al-Mustapha, Mr. Paul Daudu, SAN, informed the court that Lagos State had failed to comply with the conditions attached to the 2014 order granting leave to appeal. He noted that the state was given 30 days to file its notice of appeal but had not done so, adding that no brief of argument had been filed to demonstrate any intention to prosecute the appeal.
Mr. Daudu urged the court to hold that the appeal had been abandoned and to dismiss it accordingly.
Justice Aba-Aji sought confirmation from the court registrar that Lagos State had been duly served with hearing notices. The registrar confirmed that service had been effected.
In a brief ruling, the court agreed with the respondent’s submissions, holding that the prolonged inaction by Lagos State showed a clear lack of interest in the matter. Justice Aba-Aji described the nine-year delay as inexcusable, especially in the absence of any explanation or legal representation, despite the state having been served with hearing notices since 2020.
Consequently, the appeal marked SC/CR/45/2014 was dismissed. A related appeal filed by the Lagos State Governor, marked SC/CR/6/2014 and arising from the same trial, was also dismissed on similar grounds.
The Supreme Court had, in 2014, granted Lagos State leave to appeal out of time against the July 12, 2013 judgment of the Court of Appeal, which discharged and acquitted Al-Mustapha of the murder charge. The ruling was delivered by a seven-member panel led by then Acting Chief Justice of Nigeria, Justice Walter Onnoghen, who ordered the state to file its notice of appeal within 30 days.
That permission followed an application by the Lagos State Government, argued by a senior state counsel, seeking to challenge the appellate court’s decision on grounds of alleged miscarriage of justice. The state had indicated its intention to ask the Supreme Court to set aside the acquittal and restore the death sentence imposed on Al-Mustapha by a Lagos High Court on January 30, 2012.
Al-Mustapha, alongside Mohammed Abacha and the late Alhaji Lateef Shofolahan, had been arraigned before the Lagos High Court on a two-count charge of conspiracy and murder in connection with the killing of Mrs. Abiola. Justice Mojisola Dada of the High Court convicted the defendants and sentenced them to death by hanging.
However, on July 12, 2013, a three-member panel of the Court of Appeal overturned the conviction, holding that the prosecution failed to establish the case beyond reasonable doubt. The appellate court consequently discharged and acquitted Al-Mustapha and his co-accused.
With Thursday’s ruling, the Supreme Court has formally brought to an end Lagos State’s long-stalled bid to revive the high-profile murder case.
