The Supreme Court on Thursday dismissed the trial of Major Hamza Al-Mustapha (rtd), the former Chief Security Officer (CSO) to the late Head of State, General Sani Abacha, in the murder of Alhaja Kudirat Abiola.
Kudirat, the wife of the acclaimed winner of the June 12, 1993, presidential election, the late Chief M.K.O. Abiola, was killed by suspected agents of the state on June 4, 1996, in Lagos.
Justice Uwani Aba-Aji, who led a five-man panel of Justices, put to rest the trial of Al-Mustapha in the murder charge brought against him by the Lagos State government.
At the proceedings where the Lagos State was slated to reopen the trial, no legal representation was made, while no process was filed since 2014 when an order to reopen the case was granted in its favour.
When the matter was called, Paul Daudu (SAN), represented Al-Mustapha and informed the Justices that Lagos State government has not taken any step to implement the order granted it in 2014 to reopen the trial.
He said that not even a notice of appeal was filed by Lagos as the appellant to demonstrate its seriousness to prosecute the case.
Daudu informed the apex court that in 2014, when the order to reopen the trial was granted, Lagos was issued a 30- day ultimatum to file its notice of appeal.
He explained that 12 years after, nothing was done to comply with the order.
He, therefore, urged the court to hold that the appellant has abandoned the case and should be dismissed in its entirety.
Justice Aba-Aji sought to know if Lagos was served with the hearing notice and the question was answered in the affirmative by the Registrar of the court.
The justices, thereafter, in a unanimous decision, agreed that Lagos State government has lost interest in the matter and consequently abandoned it.
Aba-Aji held that 12 years was long enough for the appellant to have filed notice of appeal and the brief of appeal in the matter.
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