The Supreme Court, on Thursday, dismissed the case instituted by the Lagos State Government against Major Hamza Al-Mustapha (retd.) over the murder of Alhaja Kudirat Abiola, wife of the presumed winner of the June 12, 1993 presidential election, Chief M.K.O. Abiola.

Alhaja Abiola was assassinated in Lagos on June 4, 1996, at the height of nationwide protests following the annulment of her husband’s electoral victory.

Major Al-Mustapha, a former Chief Security Officer (CSO) to late military Head of State, General Sani Abacha, was accused of involvement in the killing and subsequently charged to court by the Lagos State Government alongside Mohammed Abacha, son of the late military ruler and one Lateef Shofolahan.

The defendants were arraigned on a two-count charge of conspiracy to commit murder and murder.

In a judgment delivered on January 30, 2012, Justice Moji Dada of the Lagos State High Court found them guilty and sentenced them to death by hanging.

However, the conviction was overturned on July 12, 2013, when a three-man panel of the Court of Appeal, in a unanimous decision, set aside the judgment and discharged and acquitted the defendants, holding that the prosecution failed to adduce sufficient evidence to sustain the conviction and death sentence.

Dissatisfied with the appellate court’s decision, the Lagos State Government approached the Supreme Court, seeking to reinstate the High Court judgment.

In 2014, the apex court granted the state leave to re-open the appeal, despite the lapse of the time prescribed by its rules, and directed the state to file its notice of appeal within 30 days.

However, when the matter came up for hearing on Thursday, Lagos State failed to appear in court and was not represented by any counsel.

The Supreme Court also noted that the state had not filed any process since securing the order to re-open the appeal in 2014.

Counsel to Al-Mustapha, Mr. Paul Daudu, SAN, informed the court that Lagos State failed to take any steps to prosecute the appeal, arguing that the government showed no seriousness in pursuing the matter.

He urged the court to hold that the appeal had been abandoned.

Following an inquiry, a five-man panel of the Supreme Court, led by Justice Uwani Musa Aba-Aji, confirmed that hearing notices were duly served on the Lagos State Government, which nonetheless failed to appear or provide any explanation for its absence.

In a brief ruling, the panel held that the state had lost interest in the case, noting that nine years was more than sufficient to file and prosecute the appeal.

Consequently, the appeal, marked SC/CR/45/2014, was dismissed.