The Supreme Court on Thursday dismissed the murder case filed against Major Hamza Al-Mustapha (retd.) over the killing of Alhaja Kudirat Abiola, wife of Chief MKO Abiola, the presumed winner of Nigeria’s June 12, 1993 presidential election.
Al-Mustapha, a former Chief Security Officer to the late Head of State, General Sani Abacha, was standing trial in a case instituted by the Lagos State Government (SC/CR/45/2014).
A five-member panel of the Supreme Court, led by Justice Uwani Aba-Aji, ruled that the state had abandoned the case after failing to prosecute the matter despite being granted leave to re-open the trial in 2014.
Counsel to Al-Mustapha, Paul Daudu, SAN, told the court that Lagos State had neither filed a notice of appeal nor taken any action in over nine years to demonstrate interest in continuing the prosecution. No legal representation appeared for the state at Thursday’s proceedings.
Justice Aba-Aji confirmed that Lagos State had been properly served with hearing notices but had not responded. The apex court concluded that the prolonged delay amounted to abandonment of the case.
Historical Context
Alhaja Kudirat Abiola, a prominent political activist and the wife of Chief MKO Abiola, was assassinated in Lagos in 1996 during a period of nationwide political unrest. Her husband had been widely regarded as the winner of the June 12, 1993 presidential election, which was annulled by then-military ruler Ibrahim Babangida.
Kudirat Abiola’s assassination became a symbol of Nigeria’s struggle for democratic governance and human rights. Over the years, various legal proceedings sought to hold individuals accountable, including Al-Mustapha, who served as Chief Security Officer to the military regime at the time. The Supreme Court’s ruling highlights procedural and institutional requirements for the prosecution of historical cases in Nigeria’s judiciary.
