The Supreme Court has dismissed the trial of Major Hamza Al Mustapha, the former Chief Security Officer of former Head of State, Gen Sani Abacha over the murder of Alhaja Kudirat Abiola, the wife of the acclaimed winner of the June 12, 1993 presidential election.
Late Kudirat Abiola was killed in Lagos during a nationwide protest that followed the annulment of the June 12 election by then Head of State, Gen Ibrahim Babangida.
Maj Al-Mustapha was subsequently arrested and detained for over 10 years after he was accused of being the brain behind the murder of Mrs Abiola.
He was later charged to court by the Lagos state government alongside the son of the late military dictator, Mohammed Abacha, and one Lateef Shofolahan.
The defendants were arraigned on two-count charge that bordered on conspiracy to commit murder, and the murder of the late Mrs. Abiola on June 4, 1996.
A Lagos State High Court in a judgement delivered on January 30, 2012, by Justice Moji Dada, found the defendants guilty and sentenced them to death by hanging.
However, a three-member panel of the Court of Appeal, in a unanimous decision on July 12, 2013, set aside the high court judgement.
The Court of Appeal also discharged and acquitted the defendants on the premise that the prosecution failed to adduce sufficient evidence to warrant the conviction and death penalty.
The Lagos State Government, however is the suite marked marked: SC/CR/45/2014, appealed the appellate court’s decision at the Supreme Court urging the apex court to void the lower court’s ruling.
Despite the fact that the Supreme Court in its ruling delivered on since 201 which granted the Lagos State Government the leave to reopen the case, when the matter came on Thursday (today), for the state to argue its case, the court was informed that the plaintiff had not filed any process or send any legal representative.
The counsel Al-Mustapha, Paul Daudu, SAN, who was in court had after the case was called, informed the apex court panel that Lagos state did not take any step to implement the order that was granted for it to re-open the trial.
He argued that the state failed to demonstrate any seriousness in the matter, adding that as at 2014 when order to re-open the trial was granted, Lagos was handed a 30 day-ultimatum to file its notice of appeal.
Daudu, SAN, told the apex court that the ultimatum was not obeyed as Lagos state failed to formally lodge an appeal to challenge his client’s acquittal.
He, therefore, urged the court to hold that the appellant abandoned the case.
Following an enquiry by a five-man panel of the Supreme Court led by Uwani Aba-Aji, it was found that a hearing notice was duly served on Lagos state which was not represented by any lawye
Consequently, in a brief ruling, the Justice Aba-Aji panel agreed that the state has lost interest in the matter.
The panel held that nine years was long enough for the appellant to have filed its notice of appeal and the appeal in the matter.
Therefore, panel unanimously ruled that the suit marked: SC/CR/45/2014, was summarily dismissed
