Court Throws Out Appeal Seeking to Re-open Major Al-Mustapha’s Trial over Kudirat
Court Throws Out Appeal Seeking to Re-open Major Al-Mustapha’s Trial over Kudirat
The Supreme Court of Nigeria has dismissed the long-standing appeal filed by the Lagos State Government seeking to reopen trial of Hamza AlMustapha over the murder of Kudirat Abiola.
The appeal sought to overturn the acquittal of Major Al-Mustapha (rtd), the former Chief Security Officer to late military ruler, General Sani Abacha, regarding the murder of Alhaja Kudirat Abiola.
A five-member panel of the apex court, led by Justice Uwani Abba-Aji, unanimously ruled that the Lagos State Government had effectively abandoned the case.
The court noted that since the state was granted permission to appeal in 2014, it had failed to take any significant procedural steps to advance the matter.
During the proceedings, it was revealed that the state government neither filed a notice of appeal nor submitted any legal briefs within the 30-day window originally provided over nine years ago.
Furthermore, no legal representative appeared for the state during the final hearing, despite records showing that hearing notices were duly served.
The court expressed strong disapproval of the state’s inaction, emphasizing that such a prolonged delay was inexcusable for an appellant seeking justice.
The panel remarked that the lack of communication or appearance by the prosecution demonstrated a clear loss of interest in pursuing the high-profile case.
Dismissing the appeal, Justice Abba-Aji stated, “Nine years is more than enough time for an appellant to file a notice and brief of appeal.” She further criticized the government’s failure to offer any explanation for their absence, despite being aware of the scheduled proceedings for several years.
This ruling brings a definitive end to the decades-long legal battle following the June 4, 1996, assassination of Kudirat Abiola. With the dismissal, the previous 2013 Court of Appeal judgment which discharged and acquitted Al-Mustapha due to insufficient evidence remains the final word on the matter.
