Supreme Court buries Kudirat Abiola murder case, frees Al-Mustapha from hangman’s noose forever
The Supreme Court has finally drawn the curtain on the high-profile assassination case of Alhaja Kudirat Abiola, dismissing all attempts by the Lagos State Government to resurrect the prosecution of Major Hamza Al-Mustapha (retd), nearly three decades after her murder.
In a unanimous ruling delivered on Thursday, a five-man panel of the apex court held that Lagos State had effectively abandoned its appeal against Al-Mustapha’s acquittal by failing to take any legal steps for a staggering nine years.
Al-Mustapha, former Chief Security Officer to late military ruler, General Sani Abacha, had stood trial over the killing of Kudirat Abiola, wife of the presumed winner of the annulled June 12, 1993, presidential election, Chief MKO Abiola.
Kudirat was brutally assassinated in Lagos on June 4, 1996, at the peak of nationwide protests against military rule and the annulment of the historic election.
‘Inexcusable Delay’ — Supreme Court blasts Lagos Government
Delivering the lead judgment, Justice Uwani Aba-Aji faulted the Lagos State Government for what she described as an “inexcusable” and unjustifiable failure to prosecute its appeal, despite being granted permission by the Supreme Court in 2014 to reopen the case.
When the matter was called, Al-Mustapha’s counsel, Mr Paul Daudu (SAN), informed the court that Lagos State neither filed a notice of appeal nor took any step to activate the process, despite being given 30 days to do so.
According to Daudu, the prolonged inaction clearly showed that the state had lost interest in pursuing the case, urging the court to dismiss the appeal on the grounds of abandonment.
Justice Aba-Aji confirmed that court records showed Lagos State was duly served with hearing notices but failed to appear in court or offer any explanation.
The court ruled that nine years was far beyond a reasonable time to file the required processes, describing the conduct of the appellant as unacceptable.
Appeals dismissed, case shut for good
The appeal marked SC/CR/45/2014 was consequently dismissed, while a related appeal, SC/CR/6/2014, filed by the Lagos State Government, was also struck out on the same grounds.
The panel expressed displeasure that the state neither entered an appearance nor communicated with the court, despite being aware of the proceedings since 2020.
In 2014, the Supreme Court—then led by acting Chief Justice Walter Onnoghen—had granted Lagos State leave to appeal out of time against the July 12, 2013 judgment of the Court of Appeal, which discharged and acquitted Al-Mustapha.
However, the state failed to act on the opportunity.
Background: Al-Mustapha escapes the hangman’s noose
At the trial court, a Lagos High Court had on January 30, 2012, sentenced Al-Mustapha, Mohammed Abacha, and Lateef Shofolahan to death by hanging for conspiracy and murder.
The Court of Appeal overturned the conviction in 2013, ruling that the evidence presented by the prosecution was weak, unreliable, and insufficient to sustain a conviction.
With Thursday’s ruling, the Supreme Court has now conclusively closed the case, ending all legal efforts to revive the prosecution nearly 30 years after Kudirat Abiola’s assassination—bringing finality to one of Nigeria’s most controversial political murder trials.
Read Also: On Al Mustapha’s murder acquittal
