The Supreme Court has formally closed the long-running murder case against retired Major Hamza Al-Mustapha, citing the failure of the Lagos State Government to pursue its appeal for nearly a decade.
In a unanimous decision delivered on Thursday, the apex court ruled that the state had effectively abandoned its challenge to Al-Mustapha’s acquittal in the killing of Alhaja Kudirat Abiola.
The five-member panel, led by Justice Uwani Aba-Aji, noted that Lagos neither filed the required appeal documents nor appeared in court, despite being granted permission in 2014 to reopen the case.
Addressing the court, Al-Mustapha’s counsel, Paul Daudu, SAN, said the state showed no intention to prosecute the matter.
He argued that “nine years of total inaction can only mean the case has been deserted,” urging the court to strike it out entirely.
Court records confirmed that Lagos was duly served with hearing notices but failed to respond.
The justices described the conduct as unacceptable, stressing that the judicial process could not be left in limbo indefinitely.
In its ruling, the Supreme Court held that the prolonged silence of the state amounted to a loss of interest in the case.
“The appellant was given ample time and opportunity, which it failed to utilise,” Justice Aba-Aji stated.
Consequently, the appeal marked SC/CR/45/2014 was dismissed.
A related case filed by the Lagos State Government under a separate reference was also struck out on the same grounds.
The decision brings legal finality to the prosecution arising from the 1996 assassination of Kudirat Abiola, for which Al-Mustapha was once sentenced to death before being discharged and acquitted by the Court of Appeal in 2013.
With Thursday’s ruling, the Supreme Court affirmed that the matter can no longer be revived, effectively closing one of Nigeria’s most high-profile criminal cases.