Supreme Court Dismisses Al-Mustapha’s Trial For Kudirat Abiola’s Murder After Lagos Abandoned Case

The Supreme Court has dismissed the trial of Major Hamza Al-Mustapha (rtd), the former Chief Security Officer (CSO) to the late Military Head of State, General Sani Abacha, in the murder of the late politician, Alhaja Kudirat Abiola.

Kudirat Abiola was the wife of the late businessman and politician, Chief MKO Abiola, the presumed winner of the June 12, 1993, presidential election that was annulled by former President Ibrahim Babangida.

She was murdered in Lagos during the nationwide crisis that followed the annulment and in the course of her persistent struggle to have the annulment reversed by the military.

The trial of Al-Mustapha in the murder charge brought against him by the Lagos State government was put to rest on Thursday by a five-member panel of Justices of the Supreme Court, headed by Justice Uwani Aba-Aji.

At the proceedings, where Lagos State was slated to re-open the trial, no legal representation appeared, and no process had been filed since 2014, when an order to re-open the case was granted in its favour.

Paul Daudu, a Senior Advocate of Nigeria (SAN) representing Al-Mustapha, informed the Justices that Lagos State had not taken any steps to implement the 2014 order to reopen the trial.

He said that not even a notice of appeal had been filed by Lagos as the appellant to demonstrate its seriousness in prosecuting the trial.

Daudu noted that when the order to reopen the trial was granted in 2014, Lagos State was issued a 30-day ultimatum to file its notice of appeal.

He explained that more than 11 years later, nothing had been done to comply with the order.

He therefore urged the Court to hold that the appellant had abandoned the case and should have it dismissed in its entirety.

Justice Uwani Aba-Aji, who presided over the matter, sought to know if Lagos had been served with the hearing notice, a question answered in the affirmative by the Registrar of the Court.

In a brief ruling, the Supreme Court, in a unanimous decision, agreed that Lagos had lost interest in the matter and had consequently abandoned it.

Justice Aba-Aji held that nine years was long enough for the appellant to have filed a notice of appeal and the brief of appeal.

The Court also expressed disapproval that no legal representation had been made by the state government, while no information was provided to the Court or the respondent, despite being served with the hearing notice since 2020.

Consequently, the matter marked SC/CR/45/2014 was dismissed. Another matter by the Lagos governor, marked SC/CR/6/2014, on the same trial was also dismissed on the same ground.

The Supreme Court had in 2014, in a ruling on Lagos State’s application for permission to re-open the case out of time, granted the request to challenge the Court of Appeal decision of July 12, 2013, which discharged and acquitted Al-Mustapha in the murder case.

The then Acting Chief Justice of Nigeria (CJN), Justice Walter Samuel Nkanu Onnoghen, in a ruling of a seven-member panel, ordered Lagos State to file its notice of appeal within 30 days.

The decision followed the consent of Al-Mustapha’s lawyer, Mr. Joseph Daudu SAN, not to oppose the application, which was argued by Osunsanya Oluwayemisi, a Senior State Counsel in the Lagos Ministry of Justice.

The Acting CJN had said that by the decision of the apex court, the time for Lagos to appeal against the Court of Appeal’s findings on the high-profile murder case had been extended from July 12, 2013, when the Court of Appeal judgment was delivered, until January 7, 2014.

By the permission granted in 2014, Lagos was cleared to challenge the not-guilty verdict granted in favour of the military officer by the Court of Appeal in 2013.

In the attempt to re-open the case, Lagos State had sought to file a notice of appeal out of time at the Supreme Court, asking for permission to challenge the Court of Appeal’s findings by Justices Amina Adamu Augie, Rita Nosakhare Pemu, and Fatimo Omoro Akinbami, on the grounds of miscarriage of justice.

The state had prayed the apex court to allow it to exercise its constitutional right to test the validity and correctness of the Court of Appeal decision.

It argued that it wanted to raise grounds of appeal on arguable legal and factual issues, especially regarding whether there was any direct or circumstantial evidence establishing Al-Mustapha’s guilt in the murder case.

Lagos State explained that the delay in filing the appeal was due to setting up two legal teams to review the circumstances of the case and the Court of Appeal verdict.

The government said it took time for the two legal teams to present their findings and recommend that an appeal could be filed and sustained.

The state government said it would ask the Supreme Court to set aside the Court of Appeal judgment, which discharged and acquitted Major Hamza Al-Mustapha in the murder case of Alhaja Kudirat Abiola.

It intended to urge the apex court to uphold and restore the death sentence by hanging imposed on the former CSO to the late Head of State, General Sani Abacha, by a Lagos High Court on January 30, 2012.

Al-Mustapha, Mohammed Abacha, and one Lateef Shofolahan were arraigned before a Lagos High Court on a two-count criminal charge of conspiracy to commit murder and the murder of Alhaja Kudirat Abiola on June 4, 1996, in Lagos State.

In a judgment delivered on January 30, 2012, by Justice Moji Dada, the accused were found culpable as charged and sentenced to death by hanging.

However, in an appeal approached by Al-Mustapha on April 27, 2012, the three-member Court of Appeal, in a unanimous judgment on July 12, 2013, set aside the high court decision, discharged, and acquitted the accused on the grounds that the evidence against them was insufficient to warrant the death sentence.

 

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50th Court Of Appeal Anniversary: 16 Panels, 48 Justices To Hear 360 Appeal Cases In Lagos

The President of the Court of Appeal, Justice Monica Dongban-Mensem, on Monday, presided over a special court session in Lagos, announcing that 360 appeals have been listed for hearing before 16 panels made up of 48 Justices, in a coordinated effort to reduce the growing backlog of cases.

The special sitting, held in Lagos where the Court of Appeal was originally established, also forms part of activities marking the court’s golden jubilee.

“Today’s sitting reflects the court’s deliberate and sustained commitment to enhancing efficiency in the administration of justice by addressing the growing volume of appeals across its divisions,” Justice Dongban-Mensem said.

She explained that Lagos, as Nigeria’s commercial nerve centre, naturally carries a heavy appellate burden, making proactive intervention inevitable.

“It has become timely and necessary for the court to take proactive measures to be conscious of the docket of appeals,” she added.

The Court of Appeal President disclosed that the 48 Justices, drawn from different divisions across the country, will sit throughout the week in Lagos and at the National Industrial Court.

“I wish to express our profound appreciation to the Office of the Attorney-General of Lagos for collaborating with the court to ensure this week happens. Otherwise, our slim resources would not be able to carry as many Justices as are here today,” she said.

She added that the National Industrial Court had consistently supported the Court of Appeal with both court and residential accommodation.

Justice Dongban-Mensem urged lawyers and litigants to ensure their matters were ripe for hearing and cautioned against unnecessary delays.

“Counsel and parties are urged to take full advantage of this opportunity by ensuring readiness and strict adherence to applicable rules of procedure,” she said.

She recalled a previous special sitting where many appeals could not be heard due to lack of preparation by counsel.

“It was very painful for me because our limited resources had been spent on air tickets, accommodation and logistics, yet we could not take most of the appeals because many counsel were not prepared,” she said.

While acknowledging Lagos’ appeal as a city, she stressed that the sitting was strictly for work.

“It’s always exciting to be in Lagos… but Justices do not have that much time for leisure travel. When we set out time to work, we want to work. This is not a vacation,” she declared.

She further noted that several divisions were temporarily left with fewer Justices due to the deployment to Lagos.

“In appreciation of this sacrifice, I appeal to all lawyers to take this session seriously,” she said.

Justice Dongban-Mensem also called on lawyers, litigants, and the media to protect public confidence in the judiciary.

“If we do not encourage people to have faith in the judiciary, we may not be able to contain the lawlessness that will occur when people lose confidence,” she warned.

She reminded the public that justice depends on evidence and participation.

“Judges are not magicians. Law enforcement agencies are not magicians. They need evidence. They need people to come up and say what they saw,” she said.

She urged journalists to prioritise accuracy.

“We appreciate your work in telling the world about the judiciary, but it is important that the correct information goes out. Where there is confusion, seek clarification,” she said.

In her closing remarks, Justice Dongban-Mensem urged all stakeholders to uphold integrity and professionalism as the court marks its golden jubilee.

“Justice must not only be done, it must manifestly be seen to be done,” she said.

Speaking on behalf of the Bar, a Senior Advocate of Nigeria, Ebun-Olu Adegboruwa, described the special sitting as historic and praised the initiative of the Court of Appeal President.

“It is an auspicious event, a rare and unprecedented opportunity for us within the Lagos Bar to be blessed with an array of wise and learned Justices from the various divisions of the Court of Appeal,” Adegboruwa said.

He assured the court of the Bar’s cooperation in ensuring speedy hearings.

“We, on behalf of the Bar, assure My Lords of our readiness to facilitate a speedy and expeditious hearing of all pending cases. It is in our own interest and in the interest of our clients,” he stated.

Adegboruwa also congratulated the Court of Appeal on its 50th anniversary.

“We congratulate the Court of Appeal for contributing immensely to the administration of justice in our nation, in the past, now and in the future,” he said.

However, he used the occasion to call attention to the judiciary’s funding and infrastructure challenges.

“We know the challenges being faced by the judiciary in respect of lack of funding from the Federal Government. The Bar will continue to work with the judiciary to ensure that this important arm of government is well funded,” he said.

He expressed hope that ongoing efforts to improve facilities at the Lagos Division would materialise.

“We are glad that My Lord is already working on creating facilities within the premises of the Lagos Division, and we pray that this will come to pass,” he added.

 

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