The Supreme Court has dismissed the Lagos State Government’s long-running attempt to reopen the trial of Major Hamza Al-Mustapha (rtd), former Chief Security Officer to late Head of State, General Sani Abacha, over the murder of Alhaja Kudirat Abiola.
Kudirat Abiola, wife of Chief Moshood Kashimawo Olawale (MKO) Abiola—the presumed winner of the annulled June 12, 1993 presidential election—was assassinated in Lagos on June 4, 1996, during widespread unrest that followed the annulment.
In a ruling delivered on Thursday, a five-member panel of the apex court led by Justice Uwani Aba-Aji held that Lagos State had abandoned its appeal. The court noted that since 2014, when leave was granted to challenge the acquittal of Al-Mustapha, the state failed to file any processes or appear through legal representation, despite repeated hearing notices.
Counsel to Al-Mustapha, Senior Advocate of Nigeria, Paul Daudu, told the court that Lagos ignored a 30-day ultimatum issued in 2014 to file its notice of appeal. He urged the court to dismiss the matter for want of diligent prosecution.
Justice Aba-Aji, while delivering the ruling, said nine years was more than sufficient for the state to act, describing Lagos’ inaction as a clear indication that the appeal had been abandoned.
Consequently, the court dismissed appeal number SC/CR/45/2014, as well as a related appeal, SC/CR/6/2014, both filed by the Lagos State Government.
In 2014, the Supreme Court had granted Lagos permission to appeal the July 12, 2013 judgment of the Court of Appeal, which discharged and acquitted Al-Mustapha. The then Acting Chief Justice of Nigeria, Justice Walter Onnoghen, had also extended the time for the state to file its appeal, but Lagos failed to comply.
The Lagos State Government had sought to overturn the appellate court’s decision and reinstate the January 30, 2012 judgment of the Lagos High Court, presided over by Justice Moji Dada, which sentenced Al-Mustapha, Mohammed Abacha and Lateef Shofolahan to death for conspiracy and murder.
Godfrey Eshiemoghie
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