Supreme Court Takes Major Action on Trial of Major Al-Mustapha in Kudirat Abiola’s Murder Case
- Supreme Court dismisses Lagos State's appeal against Major Hamza Al-Mustapha's acquittal for Kudirat Abiola's murder
- Al-Mustapha's 2012 death sentence overturned; court finds charges politically motivated with no evidence linking him
- Lagos State abandoned its appeal after nine years of inaction, court rules abandonment indicated lack of diligent prosecution
Legit.ng journalist Ridwan Adeola Yusuf has over 9 years of experience covering public affairs and governance in Nigeria and Africa.
FCT, Abuja - The Supreme Court has dismissed the case against Major Hamza Al-Mustapha (rtd), a presidential hopeful and former chief security officer (CSO) to the late military head of state, General Sani Abacha.
The case involved the murder of a pro-democracy activist and the wife of Moshood Kashimawo Olawale (MKO) Abiola, the presumed winner of the June 12, 1993, presidential election.
Source: Twitter
Legit.ng recalls that Kudirat was shot dead in Lagos on June 4, 1996.
As reported by Leadership, the trial of Al-Mustapha on the murder charge brought by the Lagos State government was, however, laid to rest on Thursday, January 22, 2026, by a five-member panel of the Supreme Court led by Justice Uwani Aba-Aji.
Arise News also noted the development.
Kudirat Abiola: Al-Mustapha vs Lagos govt concluded
In a ruling delivered on Thursday, January 22, Justice Aba-Aji held that Lagos State had abandoned its appeal. The court noted that since 2014, when leave was granted to challenge the acquittal of Al-Mustapha, the state failed to file any processes or appear through legal representation, despite repeated hearing notices.
Counsel to Al-Mustapha, Paul Daudu, a senior advocate of Nigeria (SAN), told the court that Lagos ignored a 30-day ultimatum issued in 2014 to file its notice of appeal. He urged the court to dismiss the matter for want of diligent prosecution.
Justice Aba-Aji, while delivering the ruling, said nine years was more than sufficient for the state to act, describing Lagos’ inaction as a clear indication that the appeal had been abandoned.
Consequently, the court dismissed appeal number SC/CR/45/2014, as well as a related appeal, SC/CR/6/2014, both filed by the Lagos state government.
Source: Facebook
Al-Mustapha's death sentence overturned
Legit.ng recalls that Major Hamza Al-Mustapha was sentenced to death in 2012 for allegedly ordering the killing of Kudirat Abiola. She was shot dead in 1996, three years after the elections, her husband, MKO Abiola, is believed to have won.
Those elections were annulled, and Abacha seized power.
He went on to become one of Nigeria's most notorious military rulers, accused of stealing billions of dollars from the oil-rich nation.
Abacha and Abiola both died in 1998, paving the way for the end of decades of military rule the following year.
In 2013, the appeal court ruled that the charges of murder and conspiracy had been politically motivated.
Judge Rita Pemu stated at the time, according to AFP:
"There is no evidence linking the appellant to the offence. Therefore, the appellant is discharged and acquitted."
Major Mustapha's lawyers appealed in December 2012, condemning as an "injustice" the many years he had spent in detention during the much-delayed case.
The prosecution, however, later appealed to the Supreme Court.
One of Abacha's sons, Mohammed, was also accused of links to Mrs Abiola's killing but was cleared in 2002 after three years in detention.
After Abacha seized power, Abiola declared himself president and was charged with treason.
He died in detention after a visit by the United States (US) and the United Nations (UN) officials, a month after Abacha died from a heart attack.
Why Kudirat Abiola was killed
Legit.ng earlier reported that a daughter of Kudirat Abiola spoke about her mother's assassination.
In a video obtained by Legit.ng, Abiola’s daughter described her mother as an ordinary person who built an extraordinarily powerful movement.
Source: Legit.ng
