The Supreme Court on Thursday “dismissed the trial of Major Hamza Al-Mustapha (rtd), over the murder of Alhaja Kudirat Abiola,” the wife of the celebrated winner of the 1993 presidential election.
Mrs. Abiola was tragically killed in Lagos during the nationwide protests following the “annulment of her husband’s presidential poll victory.”
Al-Mustapha, who served as the “Chief Security Officer (CSO) to the late Military Head of State, General Sani Abacha,” was accused of involvement in the murder and charged alongside Mohammed Abacha and Lateef Shofolahan on a “two-count charge that bordered on conspiracy to commit murder, and the murder of the late Mrs. Abiola on June 4, 1996.”
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While a Lagos High Court originally “sentenced them to death by hanging” in 2012, the Court of Appeal overturned the verdict in 2013, ruling that the “prosecution failed to adduce sufficient evidence to warrant the conviction and death penalty.”
Although Lagos State obtained a Supreme Court order in 2014 to “re-open the case through an appeal,” the state failed to follow through with the necessary legal steps.
During the proceedings on Thursday, the apex court observed that the state “failed to send any legal representative to the court” and had not filed any processes since 2014.
Counsel to Al-Mustapha, Mr. Paul Daudu, SAN, argued that the state “failed to demonstrate any seriousness in the matter,” noting that a “30 day-ultimatum to file its notice of appeal” issued nine years ago was ignored.
He urged the court to rule that the “appellant abandoned the case.”
A five-man panel, led by Justice Uwani Aba-Aji, confirmed that a hearing notice was served, yet Lagos State remained unrepresented.
Consequently, the panel ruled that “the state has lost interest in the matter,” stating that “nine years was long enough for the appellant to have filed its notice of appeal.”
Finding no explanation for the state’s absence, the court ordered that the case, marked SC/CR/45/2014, be “dismissed.”
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