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The Supreme Court has dismissed the murder trial of Major Hamza Al-Mustapha (rtd), former Chief Security Officer to ex-Military Head of State, General Sani Abacha, over the killing of Kudirat Abiola, wife of M.K.O Abiola, the presumed winner of the historic June 12, 1993, presidential election.
During proceedings, Lagos State was expected to reopen the case but failed to appear in court. The state also filed no legal process, despite securing leave in 2014 to revive the trial.
Counsel to Al-Mustapha, Mr Paul Daudu, told the apex court that Lagos State had taken no steps to implement the 2014 order permitting it to reopen the case. He said the state failed to file even a notice of appeal, showing no seriousness in prosecuting the matter.
Daudu reminded the court that it gave Lagos State 30 days in 2014 to file its notice of appeal. He noted that more than nine years later, the state had done nothing to comply. He therefore urged the court to hold that Lagos State had abandoned the case and dismiss it entirely.
Presiding Justice Uwani Aba-Aji asked whether Lagos State had received hearing notices. The court registrar confirmed that it had.
In a unanimous decision, the Supreme Court ruled that Lagos State had lost interest in the matter and abandoned it. Justice Aba-Aji held that nine years was more than enough time for the state to file a notice and brief of appeal.
The court also criticised the Lagos State Government for failing to provide legal representation or any explanation, despite receiving hearing notices since 2020. Consequently, the Supreme Court dismissed the case. A related matter filed by the Lagos State Governor arising from the same trial also suffered the same fate.
Kudirat Abiola was the wife of businessman and politician, MKO Abiola, the presumed winner of the annulled June 12, 1993, presidential election. She was assassinated in Lagos on June 4, 1996, during the political unrest that followed the annulment and her campaign against military rule.
