The Supreme Court has brought an end to the long-running murder case involving Major Hamza Al-Mustapha (rtd), the former Chief Security Officer to late military ruler General Sani Abacha, after ruling that Lagos State abandoned the matter for more than a decade.
Al-Mustapha was accused in connection with the assassination of Alhaja Kudirat Abiola, the wife of late businessman and politician Chief MKO Abiola. Kudirat was shot dead in Lagos during the political turmoil that followed the annulment of the June 12, 1993 presidential election, at a time she was actively campaigning against the military government’s decision.
In a judgment delivered by a five-member panel led by Justice Uwani Aba-Aji, the apex court dismissed the case after noting that Lagos State had failed to take any steps to revive the trial since receiving approval to do so in 2014.
During proceedings, the Lagos State Government was absent and had not filed any documents before the court. Al-Mustapha’s lawyer, a Senior Advocate of Nigeria, told the panel that the state did not file a notice of appeal or comply with the court’s directive within the 30-day period granted in 2014. He added that more than 11 years had passed without any action from the prosecution.
After confirming that Lagos State had been properly served with hearing notices, the court unanimously held that the state had clearly abandoned the matter. Justice Aba-Aji described the delay as unjustifiable and said the prolonged silence showed a complete loss of interest in pursuing the case.
The Supreme Court consequently dismissed the appeal marked SC/CR/45/2014. A related appeal filed by the Lagos State Government, marked SC/CR/6/2014, was also struck out on the same grounds.
In 2014, the Supreme Court had granted Lagos State permission to challenge a Court of Appeal ruling delivered in 2013, which discharged and acquitted Al-Mustapha of the murder charge. The court had ordered the state to file its notice of appeal within 30 days, extending the deadline into early 2014.
Al-Mustapha, along with Mohammed Abacha and Lateef Shofolahan, had earlier been convicted and sentenced to death by a Lagos High Court in 2012 for conspiracy and murder. However, the Court of Appeal overturned the conviction in 2013, ruling that the evidence presented was insufficient to support the guilty verdict.
With the Supreme Court’s latest decision, the case has now been formally closed, ending one of Nigeria’s most prominent and controversial criminal trials.