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Lagos, Nigeria — The Lagos State Government has come under intense criticism following a Supreme Court ruling that effectively ended all legal efforts to reopen the murder case of late pro-democracy activist, Alhaja Kudirat Abiola, after it emerged that the state abandoned its appeal for nine years.
Family members, senior advocates, civil society organisations and human rights groups have condemned the development, describing it as a grave institutional failure and a painful betrayal of the June 12 struggle.
Supreme Court Dismisses Appeal
In a unanimous judgment delivered on Thursday by a five-member panel of the Supreme Court, the apex court ruled that Lagos State failed to take any legal steps to prosecute its appeal against the acquittal of Major Hamza Al-Mustapha (retd.), thereby abandoning the case.
Delivering the lead judgment, Justice Uwani Aba-Aji described the conduct of the Lagos State Government as “inexcusable,” noting that despite being granted leave to appeal out of time, the state neither filed the required processes nor appeared in court to explain its absence.
The court held that nine years was more than sufficient for the appellant to act, and consequently dismissed Appeal No. SC/CR/45/2014, while striking out a related appeal, SC/CR/6/2014, on the same grounds.
The ruling has now brought to a close all judicial attempts to revive the prosecution of Al-Mustapha over Kudirat Abiola’s murder.
A Symbolic Assassination
Kudirat Abiola, wife of the presumed winner of the June 12, 1993 presidential election, Chief MKO Abiola, was assassinated in Lagos on June 4, 1996, at the height of nationwide protests against the annulment of the election by the military regime of General Sani Abacha.
Her killing became one of the most defining tragedies of Nigeria’s pro-democracy struggle, symbolising the brutal repression deployed to silence dissent during military rule.
Al-Mustapha, the former Chief Security Officer to Abacha, alongside Mohammed Abacha and Lateef Shofolahan, was arraigned for conspiracy and murder. On January 30, 2012, a Lagos High Court sentenced them to death by hanging.
However, the Court of Appeal, on July 12, 2013, overturned the conviction, citing weak and unreliable evidence, and discharged and acquitted the accused.
Lagos Abandoned Appeal — Court
Unwilling to accept the verdict at the time, the Lagos State Government approached the Supreme Court in 2014 and was granted leave to appeal out of time.
A seven-man panel led by then Acting Chief Justice of Nigeria, Justice Walter Onnoghen, ordered the state to file its notice of appeal within 30 days. However, when the matter resurfaced nine years later, the court discovered that the state had taken no steps whatsoever to pursue the appeal.
Justice Aba-Aji noted that the government had been duly served hearing notices and had been aware of proceedings since 2020, yet failed to enter an appearance or provide any explanation.
Family Reacts: “Painful and Unjustifiable”
Reacting to the ruling, Jamiu Abiola, son of the slain activist, described the abandonment of the case as painful, unjustifiable and emotionally devastating.
He noted that 2026 marks the 30th anniversary of his mother’s assassination, lamenting that the unresolved case amounted to prolonged emotional torture for the family.
“There was no reason for the case to be abandoned. My mother fought for democracy and was killed by agents acting on behalf of the Abacha military government. She was a 44-year-old unarmed woman whose struggle was just,” he said.
He added that those responsible for her death and those who aided their escape from justice would face divine judgment.
Lawyers, Rights Groups Condemn Lagos
Human rights lawyer Ebun-Olu Adegboruwa (SAN) said the Lagos State Government squandered public trust and resources by failing to pursue a case that symbolised Nigeria’s democratic struggle.
“Lagos was at the centre of the struggle for a better nation, and Kudirat Abiola was at the centre of that struggle. For her to die in that manner and for the state to abandon the appeal is totally unfortunate. History will not forgive this,” he said.
The Country Director of Amnesty International Nigeria, Isa Sanusi, described the ruling as a reflection of institutional collapse.
“This is something the Lagos State Government should be ashamed of. The crime took place in Lagos, and they had the responsibility to ensure justice so that the family could have closure,” he said.
Sanusi called for an independent inquiry into atrocities committed during and after the June 12 struggle, as well as compensation for victims’ families.
Similarly, Hassan Taiwo, Convener of the Youth Rights Campaign in Lagos, popularly known as Soweto, described the development as “justice denied.”
“This is more or less the final nail in the coffin of June 12. Nigeria is a crime scene,” he said.
Divergent Legal Views
Some senior lawyers, however, offered a different perspective. Victor Okpara (SAN) noted that criminal prosecution largely depends on the strength of evidence.
“You may have a good case, but if the investigation is porous and evidence weak, there is little a lawyer or judge can do,” he said.
Olusegun Fabunmi (SAN) suggested that changes in government and personnel may have affected the continuity of the case, adding that the state might have reviewed the matter and found no basis to proceed.
Falana: Justice Not Exhausted
Human rights lawyer Femi Falana (SAN) insisted that the Supreme Court ruling did not exhaust the search for justice.
He recalled confessions made by Barnabas Jabilla Msheila, also known as Sergeant Rogers, a member of Abacha’s killer squad, who admitted both in court and before the Oputa Panel that he shot Kudirat Abiola on the instruction of Al-Mustapha.
Falana noted that the Supreme Court, in a related case involving Mohammed Abacha, had acknowledged that Al-Mustapha supplied the weapon used in the assassination.
“Till today, Sergeant Rogers has never withdrawn his oral testimony before the Oputa Panel,” Falana said.
Attorney-General Responds
When contacted, the Lagos State Attorney-General and Commissioner for Justice, Mr Lawal Pedro (SAN), said he had only just been informed of the ruling.
“It is an old case, and I became Attorney-General in 2023. I will study the records before making an official comment,” he said.
