The Supreme Court of Nigeria has officially terminated the protracted murder trial of Major Hamza Al-Mustapha (rtd), the former Chief Security Officer to late military ruler General Sani Abacha. This decisive ruling comes after Lagos State authorities demonstrated a complete failure to advance the case for more than eleven years, effectively abandoning the legal proceedings.
Historical Context of the Assassination
Alhaja Kudirat Abiola, the wife of the renowned businessman and politician Chief MKO Abiola, was tragically assassinated in Lagos in 1996. Her murder occurred during a period of intense political turmoil following the controversial annulment of the June 12, 1993 presidential election. Kudirat Abiola had been a vocal and persistent campaigner against the military government's decision to annul the election, making her killing a highly politicized event that shocked the nation.
Judicial Panel's Unanimous Decision
A five-member panel of the Supreme Court, presided over by Justice Uwani Aba-Aji, delivered the final judgment that brings this long-running legal matter to a close. The court noted with emphasis that Lagos State had taken absolutely no steps to reopen the trial since initially securing permission to do so back in 2014. During the recent hearing, representatives from Lagos State were conspicuously absent and had filed no legal processes whatsoever.
Counsel representing Al-Mustapha, a Senior Advocate of Nigeria, informed the court that the state government had failed to file a notice of appeal or undertake any action within the 30-day window granted by the Supreme Court in 2014. The lawyer emphasized that more than eleven full years had elapsed without any compliance from Lagos State authorities.
Court's Reasoning and Ruling
After confirming that Lagos State had been properly served with all necessary hearing notices, the Supreme Court ruled unanimously that the state had clearly and unequivocally abandoned the case. Justice Aba-Aji stated that the prolonged period of inaction demonstrated a complete loss of interest in pursuing the matter further. The justice described the extensive delay as entirely inexcusable under the circumstances.
The court consequently dismissed the appeal marked SC/CR/45/2014. In a related development, another appeal filed by the Lagos State government, marked SC/CR/6/2014, was also dismissed on identical grounds of abandonment and procedural failure.
Legal Timeline and Previous Proceedings
In 2014, the Supreme Court had originally granted Lagos State permission to challenge a Court of Appeal judgment delivered in 2013. That appellate court decision had discharged and acquitted Al-Mustapha of the murder charge. The apex court had specifically ordered the state to file its notice of appeal within 30 days, extending the time to appeal to early 2014.
Earlier in this complex legal journey, Al-Mustapha, alongside co-defendants Mohammed Abacha and Lateef Shofolahan, had been convicted and sentenced to death by a Lagos High Court in 2012 for conspiracy and murder charges. However, that conviction was overturned in 2013 by the Court of Appeal, which ruled that the prosecution evidence presented was insufficient to sustain the guilty verdict.
Final Resolution of a High-Profile Case
With this definitive Supreme Court decision, the legal matter concerning Kudirat Abiola's murder has now been permanently laid to rest. This ruling brings a conclusive end to one of Nigeria's most prominent and politically charged criminal cases, which has captivated public attention for nearly three decades since the assassination occurred.
The dismissal underscores significant concerns about prosecutorial diligence and the administration of justice in high-stakes cases. Legal observers note that this outcome highlights how procedural delays and institutional inaction can ultimately determine the fate of even the most serious criminal allegations in Nigeria's judicial system.
