The Supreme Court has dismissed the long-running appeal over the murder of pro-democracy activist Alhaja Kudirat Abiola, ruling that the Lagos State Government abandoned the case for nine years without taking any legal steps to prosecute it.
The decision has reignited national outrage over the unresolved assassination of the wife of the presumed winner of the June 12, 1993 presidential election, the late Chief MKO Abiola, and raised fresh questions about justice, accountability and institutional failure.
In a unanimous judgment delivered on Thursday by a five-member panel, the apex court held that Lagos State failed to act within the time granted to it after filing an appeal against the acquittal of Maj. Hamza Al-Mustapha (retd.), former Chief Security Officer to the late military ruler, Gen. Sani Abacha.
Why the Supreme Court Dismissed the Appeal
The Supreme Court ruled that the Lagos State Government, despite being granted leave in 2014 to appeal out of time, failed to file the required court processes or take any steps to pursue the case.
Justice Uwani Aba-Aji, who delivered the lead judgment, described the state’s inaction as “inexcusable,” noting that Lagos had been aware of the proceedings since 2020 and was duly served with hearing notices.
According to the court, nine years was more than sufficient time for the state to prosecute its appeal. Consequently, appeal SC/CR/45/2014 was dismissed, while a related appeal, SC/CR/6/2014, was struck out on the same grounds.
The ruling effectively brought to an end all legal attempts to reopen the prosecution of Al-Mustapha over the murder of Kudirat Abiola.
Background: The Kudirat Abiola Assassination
Kudirat Abiola was assassinated in Lagos on June 4, 1996, at the height of nationwide protests against the annulment of the June 12 election by the Abacha military regime.
Her killing became one of the most symbolic tragedies of Nigeria’s pro-democracy struggle, representing the extreme measures used to silence dissent during military rule.
Al-Mustapha was arraigned alongside Mohammed Abacha and Lateef Shofolahan on charges of conspiracy and murder. On January 30, 2012, a Lagos High Court sentenced the trio to death by hanging.
However, the Court of Appeal, on July 12, 2013, overturned the convictions, citing weak and unreliable evidence, and discharged and acquitted the accused.
Lagos Government’s Abandoned Appeal
Following the appellate court’s ruling, the Lagos State Government approached the Supreme Court in 2014 and was granted leave to appeal out of time.
A seven-man panel led by then Acting Chief Justice of Nigeria, Justice Walter Onnoghen, ordered the state to file its notice of appeal within 30 days.
Despite this, the state neither filed the necessary documents nor offered any explanation for its prolonged inaction, leading to the dismissal of the appeal.
Reactions from the Abiola Family and Rights Groups
Reacting to the ruling, Jamiu Abiola, son of the slain activist, described the abandonment of the case as painful and unjustifiable.
He said the nine-year delay amounted to prolonged emotional torture for the family, adding that those responsible for his mother’s death would ultimately face divine judgment.
As the 30th anniversary of her assassination approaches in 2026, Jamiu said there was no justification for abandoning a case that symbolised the struggle for democracy.
Lawyers, Amnesty, Civil Society React
Senior Advocate of Nigeria Ebun-Olu Adegboruwa faulted the Lagos State Government, saying it squandered public trust and resources.
He described the abandonment of the appeal as a tragic failure, noting that history would not forgive the state for allowing such a symbolic case to collapse.
Similarly, Amnesty International Nigeria Country Director, Isa Sanusi, said the ruling reflected deep institutional failure and called for an independent inquiry into atrocities committed during and after the June 12 struggle.
Youth Rights Campaign convener Hassan Taiwo (Soweto) described the outcome as “justice denied,” warning that unresolved crimes of the military era continued to undermine Nigeria’s democracy.
Divergent Legal Opinions
Some senior lawyers, including Victor Okpara (SAN) and Olusegun Fabunmi (SAN), argued that weak evidence and changes in government personnel could have influenced the state’s decision not to pursue the appeal.
However, human rights lawyer Femi Falana (SAN) insisted that the quest for justice was not exhausted, citing confessions made by key witnesses, including testimony before the Oputa Panel.
Falana maintained that existing judicial findings confirmed Al-Mustapha’s role in supplying the weapon used in the assassination.
Lagos Attorney-General Reacts
When contacted, the Lagos State Attorney-General and Commissioner for Justice, Mr Lawal Pedro (SAN), said he had only just been informed of the ruling.
He said he would review the case files before making an official statement, noting that he assumed office in 2023 and was not directly involved in earlier proceedings.
