A panel of Justices of the Supreme Court led by Justice Uwani Aba-Aji, on Thursday, dismissed the trial of Major Hamza Al-Mustapha (rtd), the former Chief Security Officer (CSO) to the late Military Head of State, General Sani Abacha in the murder of late politician, Alhaja Kudirat Abiola.
Major Al-Mustapha was charged to court by the Lagos State government in connection to the killing of Late Kudirat, who was the wife of the late businessman cum politician, Chief Moshood Abiola, presumed winner of the June 12, 1993 Presidential Election that was annulled by former military President, General Ibrahim Babangida.
She was murdered in Lagos during the nationwide crisis that erupted after the annulment of June 12 election.
At the proceedings where the Lagos State Government was billed to re-open the trial, no legal representation was made while no process was filed since 2014, when an order to re-open the case was granted in its favour.
At the sitting on Thursday, Paul Daudu, (SAN) announced appearance for Al-Mustapha.
He informed the court that Lagos has not taken any step to implement the order granted it in 2014 to re-open the trial.
According to him, not even a notice of appeal was filed by Lagos as the appellant to demonstrate its seriousness to go on with the trial.
He stated that more than nine years after, nothing was done to comply with the order.
He told the apex court that in 2014, when the order to re-open the trial was granted, Lagos was issued a 30-day ultimatum to file its notice of appeal.
He urged the panel to hold that the appellant has abandoned the case and should be dismissed in its entirety.
Justice Uwani Aba-Aji, sought to know if Lagos was served with hearing notice, the question that was answered in the affirmative by the Registrar of the Court.
The Supreme Court in a unanimous decision held by the five justives,agreed that Lagos has lost interest in the matter and consequently abandoned it.
He held that nine years was long enough for the appellant to have filed notice of appeal and the brief of appeal in the matter.
The Court expressed disgust that no legal representation was made by the state government while no information was made available to the Court and the respondent despite being served with hearing notice since 2020.
The matter, marked SC/CR/45/2014 was dismissed by the apex court.
