The Supreme Court has dismissed the trial of Major Hamza Al-Mustapha (rtd), former Chief Security Officer (CSO) to late military Head of State, General Sani Abacha, over the murder of late politician, Alhaja Kudirat Abiola.
Kudirat Abiola was the wife of the late businessman and politician, Chief Moshood Kashimawo Olawale (MKO) Abiola, the presumed winner of the June 12, 1993, presidential election annulled by former military president, Ibrahim Babangida.
She was murdered in Lagos during the nationwide crisis that followed the annulment, at a time when she was actively involved in the struggle to reverse the decision of the military government.
The trial of Al-Mustapha on murder charges instituted by the Lagos State Government was brought to an end on Thursday by a five-member panel of the Supreme Court headed by Justice Uwani Aba-Aji.
At the proceedings, where Lagos State was expected to re-open the trial, no legal representation appeared for the state, while no process had been filed since 2014 when leave to re-open the case was granted.
Defence Raises Abandonment of Appeal
When the matter was called, Paul Daudu, SAN, counsel to Al-Mustapha, informed the court that Lagos State had taken no step to implement the 2014 order allowing it to reopen the trial.
He said the state failed to file even a notice of appeal to demonstrate its seriousness in prosecuting the matter.
Daudu told the court that Lagos State was given 30 days in 2014 to file its notice of appeal, but had failed to comply for more than nine years after.
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He urged the apex court to hold that the appellant had abandoned the case and to dismiss it in its entirety.
Justice Aba-Aji asked whether Lagos State had been served with hearing notice. The question was answered in the affirmative by the registrar of the court.
Unanimous Ruling of the Supreme Court
In a brief ruling, the Supreme Court unanimously agreed that Lagos State had lost interest in the matter and consequently abandoned it.
Justice Aba-Aji held that nine years was more than enough time for the appellant to have filed its notice of appeal and the appeal itself.
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The court also expressed displeasure that no legal representation was made by the state government and that no information was provided to either the court or the respondent.
Consequently, the appeal marked SC/CR/45/2014 was dismissed. Another appeal filed by the Lagos State Governor and marked SC/CR/6/2014 was also dismissed on the same grounds.
2014 Ruling Granting Leave to Appeal
The Supreme Court had, in 2014, granted Lagos State permission to reopen the case out of time, allowing it to challenge the July 12, 2013 judgment of the Court of Appeal, which discharged and acquitted Al-Mustapha.
In that ruling, a seven-member panel led by the then Acting Chief Justice of Nigeria, Justice Walter Samuel Nkanu Onnoghen, ordered Lagos State to file its notice of appeal within 30 days.
The decision followed the consent of Al-Mustapha’s counsel, Joseph Daudu, SAN, who did not oppose the application argued by Osunsanya Oluwayemisi, a Senior State Counsel in the Lagos State Ministry of Justice.
Justice Onnoghen held that the decision of the apex court extended the time for Lagos State to appeal against the Court of Appeal judgment from July 12, 2013, to January 7, 2014.
State’s Bid to Challenge Acquittal
With the leave granted in 2014, Lagos State was cleared to challenge the not-guilty verdict delivered in favour of Al-Mustapha by the Court of Appeal.
In its move to reopen the case, the state sought to file a notice of appeal out of time, alleging a miscarriage of justice in the findings of Justices Amina Adamu Augie, Rita Nosakhare Pemu and Fatimo Omoro Akinbami.
The state said it intended to exercise its constitutional right to test the validity and correctness of the appellate court’s decision, particularly on whether there was direct or circumstantial evidence linking Al-Mustapha to the murder.
Lagos State justified its delay in filing the appeal on the ground that it constituted two legal teams to review the circumstances of the case and the judgment of the Court of Appeal.
The government said the review took a long time before the teams submitted their findings and recommended that an appeal could be filed and sustained.
The Lagos State Government said it intended to ask the Supreme Court to set aside the July 12, 2013 judgment of the Court of Appeal, which discharged and acquitted Al-Mustapha.
It said it would urge the apex court to restore the death sentence by hanging imposed on the former CSO by a Lagos High Court on January 30, 2012.
High Court Conviction and Appeal Court Reversal
Al-Mustapha, Mohammed Abacha, and one Lateef Shofolahan were arraigned before a Lagos High Court on a two-count charge of conspiracy to commit murder and the murder of Alhaja Kudirat Abiola on June 4, 1996.
In a judgment delivered on January 30, 2012, Justice Mojisola Dada found the accused guilty as charged and sentenced them to death by hanging.
However, in a unanimous judgment delivered on July 12, 2013, the Court of Appeal set aside the conviction and death sentence, discharging and acquitting the accused on the ground that the evidence against them was not strong enough to warrant the verdict.
Rafiyat Sadiq is a political, justice, and human rights reporter with Pinnacle Daily, known for fearless reporting and impactful storytelling. At Pinnacle Daily, she brings clarity and depth to issues shaping governance, democracy, and the protection of citizens’ rights.
