The Supreme Court, on Thursday, dismissed the trial of Major Hamza Al-Mustapha (rtd) over the murder of Alhaja Kudirat Abiola, wife of the acclaimed winner of the 1993 presidential election.
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Mrs. Abiola was murdered in Lagos State during a nationwide protest that trailed the annulment of her husband’s presidential election victory.
Major Al-Mustapha (rtd), who was the Chief Security Officer (CSO) to the late military Head of State, General Sani Abacha, was fingered in her death.
He was subsequently 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 a two-count charge bordering on conspiracy to commit murder and the murder of the late Mrs. Abiola on June 4, 1996.
A High Court of Lagos State, 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, voided the High Court judgement.
The appellate court equally discharged and acquitted the defendants on the ground that the prosecution failed to adduce sufficient evidence to warrant the conviction and death penalty.
Dissatisfied with the judgement, Lagos State approached the Supreme Court to set it aside.
The state sought to reinstate the High Court verdict that sentenced the appellants to death by hanging.
The Supreme Court, in a ruling delivered in 2014, granted Lagos State permission to re-open the case through an appeal, even though the time allowed by its rules had elapsed.
While the case was slated for hearing on Thursday for the state to argue its appeal, it failed to send any legal representative to the court.
The apex court also noted that the state failed to file any process since 2014 when it secured an order to re-open the matter.
Counsel to Major Al-Mustapha (rtd), Mr. Paul Daudu, SAN, after the case was called, informed the apex court panel that Lagos State did not take any step to implement the order granted to re-open the trial.
He argued that the state failed to demonstrate seriousness in the matter, adding that as of 2014, when the order to re-open the trial was granted, Lagos State was given 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 had abandoned the case.
Following an inquiry by a five-man panel of the Supreme Court led by Justice Uwani Aba-Aji, it was found that a hearing notice was duly served on Lagos State, which was not represented by any lawyer.
Consequently, in a brief ruling, the Justice Aba-Aji-led panel agreed that the state had 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 prosecuted the appeal.
The panel further noted that there was no correspondence from the state explaining why it was not represented in court.
Accordingly, the case, marked SC/CR/45/2014, was dismissed.
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