Supreme Court dismisses Lagos appeal over Kudirat Abiola murder
The Supreme Court has dismissed Lagos State Government’s appeal in the murder case of Alhaja Kudirat Abiola, citing nine years of inaction as effectively abandoning the prosecution.
A five-man panel delivered a unanimous judgment on Thursday, ruling that the state failed to take legal steps to prosecute its appeal against the acquittal of Major Hamza Al-Mustapha (retd.) within the time granted.
The decision closes the legal chapter on efforts to prosecute Al-Mustapha, the former Chief Security Officer to late Gen Sani Abacha, for the assassination of Kudirat Abiola on June 4, 1996, in Lagos.
Background of the case
Kudirat Abiola, wife of late Chief MKO Abiola, was killed during nationwide protests against the annulment of the June 12, 1993 presidential election. Al-Mustapha, alongside Mohammed Abacha and Lateef Shofolahan, was arraigned for conspiracy and murder.
On January 30, 2012, a Lagos High Court sentenced the trio to death by hanging. The Court of Appeal, on July 12, 2013, overturned the convictions, citing weak evidence, and acquitted the accused. Lagos State later approached the Supreme Court in 2014 for leave to appeal out of time.
A seven-man panel led by then-acting Chief Justice Walter Onnoghen ordered the state to file its notice of appeal within 30 days. However, when the matter resurfaced nine years later, the state had taken no steps to pursue the appeal.
Supreme Court cites inaction as “inexcusable”
Delivering the lead judgment, Justice Uwani Aba-Aji described the state government’s failure to act as “inexcusable.” She noted that despite being served hearing notices and aware of proceedings since 2020, the state neither appeared in court nor offered explanations for its absence.
As a result, appeal SC/CR/45/2014 was dismissed, and a related appeal, SC/CR/6/2014, was struck out.
Reactions from family, civil society, and legal experts
Jamiu Abiola, Kudirat Abiola’s son, called the abandonment “unjustifiable and painful,” describing the nine-year delay as prolonged emotional torture.
Senior Advocate of Nigeria Ebun-Olu Adegboruwa criticised the Lagos State Government for squandering public trust, calling the abandonment “totally unfortunate” and a failure to honour the legacy of pro-democracy struggle.
Amnesty International Nigeria Country Director Isa Sanusi described the ruling as reflecting institutional failure and called for an independent inquiry into atrocities committed during and after the June 12 struggle, alongside compensation for victims’ families.
Youth Rights Campaign convener Hassan Taiwo (Soweto) labelled the development “justice denied,” warning of potential future political rewards for Al-Mustapha.
Some legal practitioners, including Victor Okpara, SAN, and Olusegun Fabunmi, SAN, suggested weak evidence or government transitions may have affected the continuity of the case. Human rights lawyer Femi Falana, SAN, maintained that the closure of the appeal does not exhaust the quest for justice for Kudirat Abiola.
Lagos State responds
When contacted, Lagos State Attorney-General and Commissioner for Justice, Mr Lawal Pedro (SAN), said he had just been informed of the ruling and would review the case files before commenting. “I became Attorney-General in 2023, so I don’t know what has happened, but let me look at the record,” he stated.
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