The Supreme Court has dismissed the murder case against former Chief Security Officer to late military ruler, General Sani Abacha, Major Hamza Al-Mustapha (rtd), over the killing of Kudirat Abiola, citing prolonged inaction by the Lagos State Government.
In a unanimous ruling delivered by Justice Uwani Musa Aba-Aji, the apex court held that Lagos State abandoned the case after failing to re-open it despite being granted leave to appeal in 2014.
Counsel to Al-Mustapha, Joseph Daudu (SAN), told the court that Lagos State neither filed a notice of appeal nor any court process within the 30-day window ordered by the Supreme Court.
He noted that more than nine years passed without any action, urging the court to strike out the case for lack of diligent prosecution.
Confirming that the state was properly served with hearing notices, the court expressed concern that Lagos State had remained absent and unrepresented since 2020.
Justice Aba-Aji described the delay as inexcusable, stating that “nine years is far beyond reasonable time,” and ruled that the state had clearly lost interest in the matter.
The appeal was accordingly dismissed, along with a related suit filed by the Lagos State governor.
Kudirat Abiola, wife of MKO Abiola, the presumed winner of the annulled June 12, 1993, presidential election, was assassinated in Lagos on June 4, 1996, during the political crisis that followed the annulment.
Al-Mustapha, Mohammed Abacha, and Lateef Shofolahan were sentenced to death by a Lagos High Court in January 2012.
However, the Court of Appeal overturned the conviction in July 2013, discharging and acquitting them on grounds of insufficient evidence.
The Supreme Court’s latest ruling brings the case to a definitive close.
