Nigeria’s Supreme Court on Thursday brought to an end the long-running murder case of Kudirat Abiola, dismissing an attempt by the Lagos State Government to revive the prosecution of Hamza Al-Mustapha .
In a unanimous decision, a five-member panel of the 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 retired major and former chief security officer to late military ruler Sani Abacha, had been standing trial over the killing of Kudirat Abiola, wife of the presumed winner of the June 12, 1993, presidential election, Moshood Kashimawo Olawale Abiola.
Kudirat Abiola was assassinated in Lagos on June 4, 1996, during nationwide protests against the annulment of the June 12 election.
Delivering the ruling, Justice Uwani Aba-Aji faulted Lagos State for what she described as an “inexcusable” failure to prosecute the appeal, despite being granted leave by the Supreme Court in 2014 to reopen the case.
When the matter was called, counsel to Al-Mustapha, Paul Daudu, told the court that Lagos State neither filed a notice of appeal nor took any steps to act on the order granted more than nine years ago.
Daudu said the state was given 30 days in 2014 to file its appeal but failed to do so, arguing that the conduct showed a lack of interest in pursuing the case. He urged the court to dismiss the appeal on the grounds of abandonment.
Justice Aba-Aji said the court registrar confirmed that Lagos State was duly served with hearing notices but failed to appear or offer any explanation.
In a brief ruling, the court held that nine years was more than sufficient time for the appellant to file the required processes and dismissed the appeal, effectively closing the case.
