The case, which spanned several years and multiple legal twists, became one of Nigeria’s most high-profile and controversial murder trials, closely watched by human rights groups, civil society organisations and the international community.
The Supreme Court of Nigeria has dismissed the long-running trial of Major Hamza Al-Mustapha (retd), former Chief Security Officer to late military Head of State, General Sani Abacha, over the murder of Mrs. Kudirat Abiola, wife of the late politician and business mogul, Chief Moshood Kashimawo Olawale (MKO) Abiola.
In a unanimous decision delivered by a five-member panel of justices led by Justice Uwani Musa Aba-Aji, the apex court held that the Lagos State government had effectively lost interest in the prosecution and abandoned the matter, thereby warranting its dismissal.
Mrs. Kudirat Abiola was the wife of MKO Abiola, the presumed winner of the June 12, 1993 presidential election, which was annulled by the then military president, General Ibrahim Babangida.
Following the annulment, Nigeria was plunged into a nationwide political crisis marked by mass protests, civil resistance, arrests of pro-democracy activists and violent crackdowns by security forces.
Kudirat Abiola emerged as one of the most prominent figures in the struggle to actualise the June 12 mandate after her husband was arrested and detained by the military regime of General Sani Abacha.
She was assassinated in Lagos during the heat of the pro-democracy agitation, a killing that shocked the nation and became one of the most symbolic tragedies of the era.
Major Al-Mustapha, a powerful figure in the Abacha regime, was later charged by the Lagos State Government for allegedly masterminding her murder.
The case, which spanned several years and multiple legal twists, became one of Nigeria’s most high-profile and controversial murder trials, closely watched by human rights groups, civil society organisations and the international community.
However, in its ruling, the Supreme Court faulted the Lagos State Government for its failure to diligently prosecute the appeal before it.
Justice Aba-Aji noted that despite being served with hearing notices since 2020, the state government failed to file a notice of appeal and a brief of argument for a period spanning about nine years.
According to the court, such a prolonged delay amounted to a clear indication that the prosecution was no longer interested in pursuing the case.
The apex court further expressed strong displeasure that there was no legal representation for the Lagos State Government at the hearing, and that no explanation or information was provided to either the court or the respondent regarding the persistent absence.
Justice Aba-Aji held that nine years was more than sufficient time for any serious litigant to take the necessary procedural steps to keep an appeal alive.
However, the Supreme Court dismissed the case in its entirety, bringing a final legal closure to the trial of Hamza Al-Mustapha over the murder of Kudirat Abiola.