S/Court dismisses Al-Mustapha’s trial in Kudirat Abiola’s murder
The Supreme Court has dismissed the trial of Major Hamza Al-Mustapha (rtd), the former Chief Security Officer (CSO) to the late Military Head of State, General Sani Abacha, in the murder of late politician, Alhaja Kudirat Abiola. Kudirat Abiola was the wife of the late businessman cum politician, Chief MKO Abiola, the presumed winner of […]
Major Hamza Al-Mustapha: A Potential Solution to Nigeria’s Insecurity Challenges
The Supreme Court has dismissed the trial of Major Hamza Al-Mustapha (rtd), the former Chief Security Officer (CSO) to the late Military Head of State, General Sani Abacha, in the murder of late politician, Alhaja Kudirat Abiola.
Kudirat Abiola was the wife of the late businessman cum politician, Chief MKO Abiola, the presumed winner of the June 12, 1993, presidential election that was annulled by former President Ibrahim Babangida.
Mrs Kudirat Abiola was, however, murdered in Lagos in the nationwide crisis that followed the annulment and in the course of her persistent struggle to get the annulment reversed by the military.
A five-member panel presided over by Justice Uwani Aba-Aji on Thursday dismissed the charges being pursued by the Lagos State Government.
At the proceeding, the Lagos State Government failed to re-open the trial, and it did not present any legal representation or filed process since commencing the action in 2014.
When the matter was called, counsel for Al-Mustapha, Paul Daudu (SAN), informed the panel that Lagos has not taken any step to implement the order granted it in 2014 to reopen the trial.
He said that not even a notice of appeal was filed by Lagos as the appellant to demonstrate its seriousness to prosecute the trial.
The senior lawyer informed the apex court that in 2014, when the order to re-open the trial was granted, Lagos was issued a 30-day ultimatum to file its notice of appeal.
Daudu explained that years later, nothing was done to comply with the order.
He said the appellant has abandoned the case and it should be dismissed in its entirety.
Justice Uwani Aba-Aji, who presided over the matter, sought to know if Lagos was served with a hearing notice; the registrar answered in the affirmative.
Delivering a ruling, the panel unanimously held that Lagos has lost interest in the matter and consequently abandoned it.
Justice Aba-Aji held that nine years was long enough for the appellant to have filed notice of appeal and the brief of appeal in the matter.
Besides, the panel expressed disgust that no legal representation was made by the state government, while no information was made available despite being served with a hearing notice since 2020.
Consequently, the matter marked SC/CR/45/2014 was dismissed.
Another matter by the Lagos governor marked SC/CR/6/2014 on the same trial was also dismissed on the same ground.
The Supreme Court, in 2014, in a ruling on the application by Lagos State for permission to re-open the case out of time, granted the request for Lagos to challenge the Court of Appeal decision of July 12, 2013, that discharged and acquitted Al-Mustapha from the murder case.