Controversial Verdict: Supreme Court Finally Dismisses Al-Mustapha's Decades-Old Kudirat Abiola Murder Trial
The Supreme Court of Nigeria has officially dismissed the trial of Major Hamza Al-Mustapha (rtd), who served as the former Chief Security Officer (CSO) to the late Military Head of State, General Sani Abacha. The trial concerned the murder of Alhaja Kudirat Abiola, a prominent politician and wife of the late businessman and presumed winner of the June 12, 1993, presidential election, Chief MKO Abiola.
Alhaja Kudirat Abiola was tragically murdered in Lagos amidst the nationwide crisis that followed the annulment of the 1993 election. Her death occurred during her persistent efforts to advocate for the reversal of the annulment by the military government of the time.
A five-member panel of the Supreme Court, presided over by Justice Uwani Aba-Aji, unanimously dismissed the charges that had been pursued by the Lagos State Government. The core reason for the dismissal stemmed from the Lagos State Government's failure to re-open the trial or present any legal representation or filed processes since it commenced the action in 2014.
During the proceeding, Paul Daudu (SAN), counsel for Al-Mustapha, informed the panel that Lagos State had taken no steps to implement a 2014 order that granted it permission to re-open the trial. He highlighted that Lagos, as the appellant, had not even filed a notice of appeal to demonstrate its seriousness in prosecuting the case, despite being given a 30-day ultimatum in 2014 to do so. Daudu argued that years had passed without compliance, indicating that the appellant had abandoned the case, and it should be dismissed.
Justice Aba-Aji confirmed that Lagos State had been duly served with a hearing notice. Delivering the ruling, the panel held that Lagos State had clearly lost interest in the matter and consequently abandoned it. Justice Aba-Aji emphasized that nine years was a sufficient period for the appellant to have filed both a notice of appeal and a brief of appeal.
Furthermore, the panel expressed its displeasure at the complete absence of legal representation from the state government and the lack of any information provided, despite being served with a hearing notice as far back as 2020.
Consequently, the matter marked SC/CR/45/2014 was dismissed. An additional related matter filed by the Lagos governor, marked SC/CR/6/2014, concerning the same trial, was also dismissed on identical grounds. This decision brings a long-standing legal battle to an end, following a 2014 Supreme Court ruling that had initially granted Lagos State permission to challenge a Court of Appeal decision from July 12, 2013, which had discharged and acquitted Al-Mustapha in the murder case.
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