‘Inexcusable Abandonment’: Supreme Court Frees Al-Mustapha, Slams Lagos for Dumping Kudirat Abiola Case
ABUJA — The Supreme Court has finally hammered the final nail into the coffin of the three-decade-long legal battle over the assassination of Alhaja Kudirat Abiola, dismissing the Lagos State Government’s appeal against Major Hamza Al-Mustapha due to “inexcusable abandonment.”
In a unanimous ruling delivered on Thursday, January 22, 2026, a five-member panel led by Justice Uwani Aba-Aji struck out the case, freeing the former Chief Security Officer (CSO) to General Sani Abacha from the lingering shadow of prosecution.
The apex court’s decision effectively ends all legal attempts to hold Al-Mustapha accountable for the June 4, 1996, murder of the wife of M.K.O. Abiola, the winner of the June 12, 1993, presidential election.
“9 Years of Silence”
The court expressed visible displeasure at the conduct of the Lagos State Government. Justice Aba-Aji noted that the state had obtained permission (leave) to appeal the case way back in 2014 but failed to file a single process or Notice of Appeal for over nine years.
“The conduct of the appellant (Lagos State) clearly shows a lack of interest in pursuing this matter,” Justice Aba-Aji ruled. “Nine years is far beyond a reasonable time to file a notice of appeal. You cannot keep a defendant in legal limbo forever.”
The court confirmed that despite being served with hearing notices since 2020, Lagos State officials failed to appear in court or offer any explanation for their absence.
The Defense Argument
During the proceedings, Al-Mustapha’s counsel, Mr. Paul Daudu (SAN), urged the court to dismiss the appeal in its entirety.
“My Lords, the Lagos State Government was given a 30-day ultimatum in 2014 to file their appeal,” Daudu argued. “They have slept on this right for nearly a decade. This is not prosecution; it is persecution by delay. We urge you to hold that the appeal has been abandoned.”
The court agreed, ruling that the state’s failure to act was “inexcusable.”
A 30-Year Saga Ends
This ruling brings a definitive end to one of Nigeria’s most high-profile murder trials.
- 2012: A Lagos High Court sentenced Al-Mustapha and his co-accused, Lateef Shofolahan, to death by hanging.
- 2013: The Court of Appeal overturned the verdict, discharging and acquitting them due to “contradictory evidence.”
- 2014: The Supreme Court granted Lagos State leave to challenge the acquittal, a move the state never followed through on.
- 2026: The Supreme Court officially dismisses the appeal for lack of diligent prosecution.
Major Al-Mustapha, who has since transitioned into politics and contested the 2023 presidential election, is now legally free from the charges for good.