The Supreme Court, on Thursday, finally brought to an end the prolonged murder case of Alhaja Kudirat Abiola, dismissing attempts by the Lagos State Government to revive the prosecution of former Chief Security Officer to late military ruler, Major Hamza Al-Mustapha (retd.).

In a unanimous decision, a five-man panel of the apex court held that Lagos State effectively abandoned its appeal against Al-Mustapha’s acquittal by failing to take any concrete legal steps for nine years after being granted leave to do so.

Al-Mustapha had been standing trial over the murder of Kudirat Abiola, wife of the presumed winner of the June 12, 1993, presidential election, Chief Moshood Kashimawo Olawale (MKO) Abiola. Kudirat was assassinated in Lagos on June 4, 1996, during the height of nationwide protests and agitation against the annulment of the historic June 12 election.

Delivering the ruling, Justice Uwani Aba-Aji described the conduct of the Lagos State Government as “inexcusable,” faulting the state for failing to prosecute its appeal despite being given ample opportunity by the court.

The apex court recalled that in 2014, it had granted Lagos State permission to appeal out of time against the July 12, 2013 judgment of the Court of Appeal, which discharged and acquitted Al-Mustapha. The state was specifically ordered to file its notice of appeal within 30 days.

However, when the matter came up for hearing, counsel to Al-Mustapha, Mr Paul Daudu (SAN), informed the court that Lagos State neither filed a notice of appeal nor took any step to implement the order of the Supreme Court for over nine years.

Daudu argued that the prolonged inaction clearly showed that the state government had no interest in pursuing the case, urging the court to dismiss the appeal on the ground of abandonment.

Justice Aba-Aji confirmed that records from the court registrar showed Lagos State was duly served with hearing notices but failed to appear in court or offer any explanation for its absence. The court noted that the state had been aware of the proceedings since at least 202.