Al Mustapha
By Olamilekan Abayomi
The Supreme Court has dismissed the trial of Major Hamza Al-Mustapha, former Chief Security Officer to late Military Head of State General Sani Abacha, over the murder of Alhaja Kudirat Abiola, wife of the acclaimed winner of the 1993 presidential election, Chief MKO Abiola. The dismissal was due to the Lagos State Government’s failure to prosecute the appeal, despite being granted permission to reopen the case in 2014.
Al-Mustapha was initially sentenced to death by hanging by a Lagos High Court in 2012 for the murder, which occurred on June 4, 1996. However, the Court of Appeal overturned the conviction in 2013, citing insufficient evidence. The Lagos State Government then appealed to the Supreme Court, seeking to reinstate the death sentence.
The Supreme Court had granted Lagos State a 30-day ultimatum to file its notice of appeal in 2014, but nine years later, the state had not taken any steps to comply. Al-Mustapha’s lawyer, Paul Daudu, SAN, argued that the state had abandoned the case, and the Supreme Court agreed.
The apex court noted that the state’s failure to prosecute the appeal despite being served with hearing notices showed a lack of interest in pursuing the case. Consequently, the appeal was dismissed, and Al-Mustapha was effectively acquitted of the murder charges.
Kudirat Abiola was murdered in Lagos during a nationwide protest following the annulment of her husband’s presidential election victory. Al-Mustapha was accused of complicity in the murder and was charged alongside others, including Mohammed Abacha, son of the late military dictator .
The dismissal of the trial brings an end to the long-running case, nearly three decades after Kudirat Abiola’s assassination. The Supreme Court’s decision was unanimous, with Justice Uwani Aba-Aji stating that nine years was sufficient time for the state to have filed the required processes.
Al-Mustapha has maintained his innocence throughout the trial, and his acquittal marks a significant development in the case. The Lagos State Government’s failure to prosecute the appeal has effectively closed the chapter on the murder case .
