The Supreme Court has dismissed the long-running case against Major Hamza Al-Mustapha (rtd), the former Chief Security Officer to ex-Military Head of State, General Sani Abacha, over the 1996 murder of Kudirat Abiola, wife of businessman and politician MKO Abiola.
The apex court made the ruling after it emerged that Lagos State had failed to take any legal steps to pursue the case since an order to re-open the trial was granted in 2014.
During proceedings, the state neither filed any court processes nor presented legal representation, prompting the court to conclude that it had abandoned the matter.
Counsel to Al-Mustapha, Paul Daudu, informed the justices that Lagos State had not even filed a notice of appeal within the 30-day period set by the Supreme Court in 2014.
“More than nine years have passed without any compliance. This clearly indicates abandonment,” Daudu argued.
Justice Uwani Aba-Aji, who presided over the matter, noted that Lagos State had been properly served with hearing notices, yet no action was taken.
In a unanimous decision, the court agreed that the state had lost interest, describing the inaction as “unacceptable” and dismissing the case entirely.
Kudirat Abiola was killed in Lagos amid nationwide unrest following the annulment of the June 12, 1993 presidential election, which her husband, MKO Abiola, was widely regarded as having won.
At the time, she was actively advocating for the annulment to be overturned.
The dismissal also applies to a related appeal filed by the Lagos State government regarding the same trial.
Previously, a Lagos High Court had sentenced Al-Mustapha, along with Mohammed Abacha and Lateef Shofolahan, to death by hanging in 2012 after finding them guilty of conspiracy and murder.
However, the Court of Appeal in 2013 overturned the conviction, citing insufficient evidence.
In 2014, Lagos State sought permission from the Supreme Court to challenge the Court of Appeal’s acquittal.
The apex court granted leave for the state to file a notice of appeal, effectively extending the time to contest the appellate decision.
Despite forming two legal teams to review the case, Lagos State failed to act on the Supreme Court’s instructions, resulting in the present dismissal.
The Supreme Court’s decision brings closure to one of Nigeria’s most high-profile unresolved murder trials, reaffirming the importance of timely legal action in pursuing justice.
