The Supreme Court on Thursday dismissed the trial of Major Hamza Al-Mustapha (rtd) over the murder of Alhaja Kudirat Abiola, the wife of the acclaimed winner of the 1993 presidential election.
Mrs. Abiola was killed in Lagos during a nationwide protest that followed the annulment of her husband’s electoral victory.
Major Al-Mustapha, the former Chief Security Officer (CSO) to the late Military Head of State, General Sani Abacha, was accused of being involved in her death. He was charged alongside Mohammed Abacha, son of the late dictator, and one Lateef Shofolahan.
The defendants were arraigned on a two-count charge bordering on conspiracy to commit murder and the actual murder of Mrs. Abiola on June 4, 1996.
A Lagos State High Court, in a judgment delivered on January 30, 2012 by Justice Moji Dada, found the defendants guilty and sentenced them to death by hanging.
However, a three-member panel of the Court of Appeal unanimously overturned the verdict on July 12, 2013, discharging and acquitting the defendants on grounds that the prosecution failed to provide sufficient evidence to justify the conviction.
Dissatisfied with the decision, Lagos State approached the Supreme Court seeking to set aside the appellate court’s ruling and reinstate the death sentence.
In 2014, the Supreme Court granted Lagos State permission to reopen the case, despite the lapse of the stipulated time limit.
The case was scheduled for hearing on Thursday, but Lagos State failed to appear or send any legal representative to argue the appeal. The apex court also noted that the state did not file any legal process since 2014, when it was granted the order to reopen the matter.
Counsel to Major Al-Mustapha, Mr. Paul Daudu, SAN, informed the court that Lagos State did not take any step to implement the 2014 order. He stated that the state ignored the 30-day ultimatum given to file a notice of appeal and failed to formally challenge his client’s acquittal.
He urged the court to hold that Lagos State had abandoned the case.
After confirming that a hearing notice was duly served on Lagos State, the five-man panel led by Justice Uwani Aba-Aji held that the state had lost interest in the matter.
The court noted that nine years was more than enough time for the state to file its notice of appeal and pursue the case, adding that there was no explanation for the state’s absence or lack of representation.
Consequently, the Supreme Court dismissed the case, marked SC/CR/45/2014.
