The Supreme Court on Thursday dismissed the retrial of Major Hamza Al-Mustapha (rtd) over the 1996 murder of c, wife of the acclaimed winner of Nigeria’s annulled 1993 presidential election.
Kudirat Abiola was killed in Lagos during nationwide protests following the annulment of her husband’s election victory. Al-Mustapha, who served as Chief Security Officer (CSO) to the late military ruler General Sani Abacha, was implicated in her murder alongside Mohammed Abacha, son of the late dictator, and Lateef Shofolahan.
The three were initially charged with conspiracy to commit murder and murder. In a 2012 ruling, a Lagos State High Court found them guilty and sentenced them to death by hanging. However, the Court of Appeal overturned the verdict in 2013, discharging and acquitting the defendants due to insufficient evidence.
Dissatisfied, Lagos State approached the Supreme Court in a bid to reinstate the death sentences. The apex court had in 2014 granted permission for the state to re-open the case, despite the lapse of the normal filing period.
On Thursday, the case was called for hearing, but Lagos State failed to send any legal representatives or file any process since the 2014 order. Counsel to Al-Mustapha, Paul Daudu, SAN, informed the court that the state had ignored a 30-day ultimatum to file its notice of appeal and had shown no seriousness in pursuing the matter.
After review, a five-member panel of the Supreme Court led by Justice Uwani Aba-Aji ruled that Lagos State had abandoned the case. The panel noted that nine years was more than sufficient time to pursue the appeal and that the state provided no explanation for its absence.
Consequently, the court dismissed the case, bringing an end to attempts to retry Al-Mustapha over the murder of Kudirat Abiola.
