Nine-Year Silence: How Lagos Govt Let Kudirat Abiola Murder Case Die

Anger and condemnation have trailed the Lagos State Government following the Supreme Court’s confirmation that the state abandoned its appeal in the murder case of late pro-democracy activist, Alhaja Kudirat Abiola, for nine years.

The apex court, in a unanimous decision delivered by a five-member panel on Thursday, ruled that Lagos State failed to take any steps to prosecute its appeal against the acquittal of Major Hamza Al-Mustapha (retd.), effectively bringing all legal proceedings in the case to an end.

The judgment has reignited national outrage over the unresolved assassination of Kudirat Abiola, wife of the presumed winner of the June 12, 1993 presidential election, Chief MKO Abiola.

Kudirat was brutally murdered in Lagos on June 4, 1996, at the height of nationwide protests against the annulment of the June 12 election by the military regime of the late General Sani Abacha. Her killing became one of the most symbolic tragedies of Nigeria’s pro-democracy struggle.

Al-Mustapha, the former Chief Security Officer to Abacha, alongside Mohammed Abacha and Lateef Shofolahan, was arraigned on charges of conspiracy and murder. In January 2012, a Lagos High Court sentenced them to death by hanging.

However, in July 2013, the Court of Appeal overturned the convictions, citing weak and unreliable evidence, and discharged and acquitted the defendants.

Determined at the time to challenge the ruling, the Lagos State Government approached the Supreme Court in 2014 and was granted permission to appeal out of time. The court ordered the state to file its appeal within 30 days.

Yet, when the case resurfaced nine years later, it emerged that the state government neither filed the required processes nor took any steps to pursue the appeal.

Delivering the lead judgment, Justice Uwani Aba-Aji described the state’s conduct as “inexcusable,” noting that Lagos had been duly served with hearing notices and was aware of proceedings since 2020 but failed to appear or offer any explanation.

The court held that nine years was more than sufficient time to prosecute an appeal and consequently dismissed the case, marked SC/CR/45/2014, while striking out a related appeal on similar grounds.

The ruling effectively closed the door on any further prosecution of Al-Mustapha over the murder of Kudirat Abiola.

The decision sparked strong reactions from the Abiola family, human rights organisations, civil society groups and senior lawyers.
Reacting, Kudirat’s son, Jamiu Abiola, described the abandonment of the case as painful and unjustifiable, saying it amounted to prolonged emotional torture for the family.

“My mother was a 44-year-old unarmed woman who fought for democracy and paid with her life,” he said. “There was absolutely no reason for this case to be abandoned.”
He added that those responsible for her death and those who helped them evade justice would ultimately face divine judgment.

Senior Advocate of Nigeria, Ebun-Olu Adegboruwa, also criticised the Lagos State Government, describing the abandonment of the appeal as a betrayal of public trust and the democratic struggle.

“For Lagos, which was at the centre of the fight for democracy, to abandon this case is totally unfortunate. History will not forgive this,” he said.

Amnesty International Nigeria’s Country Director, Isa Sanusi, said the Supreme Court ruling exposed deep institutional failure, stressing that Lagos had a duty to pursue justice for a crime committed within its jurisdiction.

Similarly, Youth Rights Campaign convener, Hassan Taiwo, popularly known as Soweto, described the development as “justice denied,” warning that Nigeria was fast becoming a “crime scene” where accountability was no longer guaranteed.

However, some senior lawyers argued that weak evidence and changes in government may have influenced the state’s inaction.
Human rights lawyer, Femi Falana, SAN, maintained that the quest for justice was not exhausted, recalling confessions made by key witnesses during past judicial and human rights proceedings.

When contacted, the Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), said he had only just been informed of the ruling and would review the case files before making an official comment.