Three (3) Reasons Why Supreme Court Closes Kudirat Abiola’s Murder Case, Frees Al-Mustapha

IntroductionIn a landmark ruling on January 22, 2026, Nigeria's Supreme Court definitively closed the decades-long murder case involving the 1996 assassination of Alhaja Kudirat Abiola, wife of acclaimed June 12, 1993 presidential election winner MKO Abiola. The apex court dismissed Lagos State's appeal against the acquittal of Major Hamza Al-Mustapha (rtd), former Chief Security Officer to late Head of State General Sani Abacha, effectively freeing him from further prosecution. This decision ends a protracted legal saga spanning nearly 30 years. But what prompted the Supreme Court to take this step? This SEO article examines the primary reasons behind the ruling.
Three (3) Reasons Why Supreme Court Closes Kudirat Abiola’s Murder Case, Frees Al-Mustapha1. Prolonged Inaction and Abandonment by Lagos StateThe core reason for the Supreme Court's decision was Lagos State's inexcusable delay and abandonment of its appeal. In 2013, the Court of Appeal discharged and acquitted Al-Mustapha, citing insufficient evidence to sustain the High Court's 2012 death sentence. Lagos State sought to challenge this, and in 2014, the Supreme Court granted leave to appeal out of time, directing the state to file necessary processes within 30 days.However, for over nine years — despite repeated hearing notices since 2020 — Lagos failed to file a notice of appeal, brief of argument, or appear through counsel. A five-member panel led by Justice Uwani Aba-Aji ruled unanimously that this constituted clear abandonment. The court described the delay as "inexcusable," noting that such prolonged inaction showed the state had lost interest in pursuing the matter. Procedural rules demand diligence; failure to comply warranted dismissal of the appeals (SC/CR/45/2014 and SC/CR/6/2014).2. Upholding Judicial Efficiency and FinalityThe ruling reinforces principles of judicial finality and efficiency in Nigeria's legal system. Prolonged cases burden courts, drain resources, and undermine public confidence. By closing the file, the Supreme Court prevented indefinite revival of appeals, especially where the prosecuting authority demonstrates no commitment. This aligns with precedents emphasizing timely prosecution and discourages "sleeping on rights." The decision sends a message: appeals must be pursued diligently, or they risk permanent closure.3. Background on Earlier Acquittal and Insufficient EvidenceWhile the 2026 ruling hinged on abandonment, it built on the 2013 Court of Appeal judgment that overturned the conviction. The appellate court found the evidence against Al-Mustapha weak and politically motivated, failing to link him convincingly to the June 4, 1996 shooting. The Supreme Court's 2026 dismissal upheld this acquittal by default, barring retrial or reinstatement of charges.Implications for Justice and Historical CasesThe closure brings finality to one of Nigeria's most high-profile political assassinations, amid calls for accountability in Abacha-era crimes. It highlights challenges in prosecuting historical cases, including evidence preservation and political will. For victims' families and democracy advocates, it raises questions about justice delivery, yet affirms that procedural lapses can end even grave matters.
ConclusionThe Supreme Court closed the Kudirat Abiola murder case and freed Al-Mustapha primarily due to Lagos State's nine-year abandonment of its appeal, prioritizing diligence, efficiency, and finality. This ruling underscores the need for proactive prosecution in Nigeria's justice system.

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