Apex Court Ends Kudirat Abiola Murder Case, Dismisses Al-Mustapha Trial

Apex Court Ends Kudirat Abiola Murder Case, Dismisses Al-Mustapha Trial

The Supreme Court of Nigeria has dismissed all attempts to revive the murder trial of Major Hamza Al-Mustapha (retd.), former Chief Security Officer to late military ruler General Sani Abacha, over the killing of Alhaja Kudirat Abiola.

In a unanimous decision, a five-member panel of the apex court ruled that the Lagos State Government abandoned its appeal seeking to reopen the case, having failed to take required legal steps for over nine years after being granted leave to appeal.

The court held that Lagos State was given 30 days to file its notice of appeal and relevant court processes following the 2013 judgment of the Court of Appeal, which discharged and acquitted Al-Mustapha and his co-accused. However, the state neither filed the documents nor appeared in court during several hearings, despite being duly served.

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Delivering the lead judgment, the Supreme Court stressed that the prolonged inaction showed a clear lack of diligence, leaving the court with no option but to strike out and dismiss the appeal.

The ruling effectively brings to an end one of Nigeria’s most high-profile and controversial murder cases, nearly three decades after Kudirat Abiola — a prominent pro-democracy activist and wife of late Chief MKO Abiola — was assassinated in Lagos on June 4, 1996.

Al-Mustapha had initially been convicted and sentenced to death by a Lagos High Court in 2012. However, the Court of Appeal overturned the conviction in 2013, citing insufficient and contradictory evidence. Lagos State’s failure to properly pursue its challenge at the Supreme Court has now permanently closed the case.

Legal analysts say the judgment reinforces the importance of strict compliance with procedural rules and underscores the judiciary’s position that justice delayed by prosecutorial neglect cannot be endlessly revived.

Apex Court Ends Kudirat Abiola Murder Case, Dismisses Al-Mustapha Trial