Al-Mustapha, a former Chief Security Officer to late military ruler General Sani Abacha, was accused of involvement in the assassination of Kudirat Abiola, wife of the presumed winner of the June 12, 1993 presidential election, Chief Moshood Kashimawo Olawale (MKO) Abiola. Kudirat Abiola was killed in Lagos on June 4, 1996, during nationwide protests against the annulment of the election.
Delivering the lead judgment, Justice Uwani Aba-Aji described the Lagos State Government’s failure to prosecute its appeal as “inexcusable,” noting that the state had been granted leave by the Supreme Court in 2014 to challenge Al-Mustapha’s acquittal but failed to act.
When the matter was called, Al-Mustapha’s counsel, Mr. Paul Daudu (SAN), informed the court that Lagos State neither filed a notice of appeal nor took any steps to comply with the court’s directive over the past nine years. He explained that the state was given 30 days in 2014 to file its appeal but did nothing, clearly demonstrating a lack of interest in pursuing the case.
Justice Aba-Aji confirmed that Lagos State was duly served with hearing notices but neither appeared in court nor offered any explanation for its absence. The court held that nine years was more than sufficient time for the appellant to file the necessary processes.
Consequently, the appeal marked SC/CR/45/2014 was dismissed for abandonment. A related appeal filed by the Lagos State Government, SC/CR/6/2014, was also struck out on the same grounds.
The Supreme Court recalled that in 2014, a seven-member panel led by the then Acting Chief Justice of Nigeria, Justice Walter Onnoghen, had granted Lagos State permission to appeal out of time against the July 12, 2013 judgment of the Court of Appeal, which discharged and acquitted Al-Mustapha. The state was directed to file its notice of appeal within 30 days, following its claim that it needed time to review the case.
At the trial court level, a Lagos High Court had on January 30, 2012 sentenced Al-Mustapha, Mohammed Abacha, and Lateef Shofolahan to death for conspiracy and murder. However, the Court of Appeal overturned the conviction in 2013, citing weak and unreliable evidence.
With Thursday’s ruling, the Supreme Court has effectively closed the case, ending all legal efforts to revive the prosecution nearly three decades after Kudirat Abiola’s assassination.
Reacting to the judgment in an exclusive interview with DCL Hausa, Major Hamza Al-Mustapha (retd) thanked God for what he described as “30 years of torture.” He claimed that several attempts were made on his life during the period and said he has forgiven all those who wished him harm.
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