The Supreme Court on Thursday dismissed the appeal filed by the Lagos State Government challenging the acquittal of Hamza Al-Mustapha in the murder of Kudirat Abiola.
A five-member panel of the apex court struck out the appeal on the ground that it was abandoned by the Lagos State Government.
Paul Daudu, counsel to Mr Al-Mustapha, told the court that Lagos State failed to take any step to pursue the appeal after securing leave in 2014 to challenge the judgment of the Court of Appeal.
Mr Daudu said the state government did not file a notice of appeal within the 30 days ordered by the Supreme Court and had taken no action for more than nine years.
He added that Lagos State also failed to appear in court despite being served with hearing notices since 2020.
Justice Uwani Aba-Aji, who presided over the matter, asked whether Lagos State was served with hearing notice, to which the court registrar responded in the affirmative.
In a unanimous decision, the justices held that the Lagos State Government had lost interest in the matter and abandoned the appeal.
Justice Aba-Aji said nine years was sufficient time for the appellant to file its notice and brief of appeal.
The court also noted that Lagos State neither sent a legal representative nor communicated with the court or the respondent.
Consequently, the appeal marked SC/CR/45/2014 was dismissed. Another related appeal marked SC/CR/6/2014 was also dismissed on the same grounds.
Kudirat Abiola was shot dead in Lagos on June 4, 1996, while her husband, M.K.O. Abiola, was in detention following the annulment of the June 12, 1993 presidential election.
Al-Mustapha, a former chief security officer to the late military head of state, Sani Abacha, was charged with the murder by the Lagos State Government in 1999 alongside Lateef Shofolahan.
Mohammed Abacha, son of the late military ruler, was initially charged but later discharged.
On January 30, 2012, the Lagos State High Court sentenced Al-Mustapha and Shofolahan to death.
However, the Court of Appeal overturned the conviction on July 12, 2013, citing contradictions in the testimonies of key prosecution witnesses.
In January 2017, the Supreme Court granted Lagos State permission to appeal the acquittal and ordered the state to file its notice of appeal within 30 days.
The order was not complied with, leading to Thursday’s dismissal.
