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.
Mrs. Abiola was murdered in Lagos state during a nationwide protest that trailed the annulment of her husband’s presidential poll 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 two-count charge that bordered 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 that was 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 premise 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 appellant to death by hanging.
The Supreme Court, in a ruling it delivered in 2014, granted Lagos state the permission to re-open the case through an appeal, even though the time allowed by its rules had elapsed.
While the case was slated 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, 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 lawyer.
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.
Besides, the panel noted that there was no correspondence from the state to explain why it was not represented in court.
Therefore, the case, marked: SC/CR/45/2014, was dismissed.
