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Kudirat Abiola’s Murder: Supreme Court Dumps Trial Of Major Hamza Al-Mustapha
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By Kayode Sanni-Arewa
The Supreme Court has dumped the trial of the former Chief Security Officer, to ex-Military Head of State, General Sani Abacha, Major Hamza Al-Mustapha (rtd), in the murder of Kudirat Abiola.
During proceeding, Lagos State was slated to re-open the trial, but no legal representation was made, while no process was filed since 2014 when the order to re-open the case was granted in its favour.
Paul Daudu, counsel to Al- Mustapha, informed the Justices of the Apex Court, that Lagos has not taken any step to implement the order granted it in 2014 to re-open the trial.
Daudu said that not even a notice of appeal was filed by Lagos state, as the appellant to demonstrate its seriousness to prosecute the trial.
The senior lawyer informed the Apex Court that in 2014 when the order to re-open the trial was granted, Lagos was issued a 30-day ultimatum to file its notice of appeal.
Daudu explained that more than nine years after, nothing was done to comply with the order. He therefore urged the Court to hold that the appellant has abandoned the case and should be dismissed in its entirety.
Justice Uwani Aba-Aji who presided over the matter, sought to know if Lagos was served with hearing notice, the Registrar of the Court answered in the affirmative.
In a unanimous decision, the Supreme Court agreed that Lagos State has lost interest in the matter and consequently abandoned it.
Justice Aba-Aji held that nine years was long enough for the appellant to have filed notice of appeal and the brief of appeal in the matter.
Besides, the Court expressed disgust that no legal representation was made by the state government while no information was made available to the Court and the respondent despite being served with hearing notice since 2020.
Consequently, the matter was dismissed.
Kudirat was the wife of businessman cum politician, MKO Abiola, the presumed winner of the June 12, 1993 presidential election that was annulled by former President Ibrahim Babangida.
She was, however, murdered in Lagos in the nationwide crisis that followed the annulment and in the course of her persistent struggle to get the annulment reversed by the military.
Another matter by the Lagos governor, on the same trial was also dismissed on the same ground.
The Supreme Court had in 2014 in a ruling on the application by Lagos State for permission to re-open the case out of time, granted the request for the Lagos to challenge the Court of Appeal decision of July 12, 2013 that discharged and acquitted Al-Mustapha from the murder case.
The then Acting Chief Justice of Nigeria (CJN) Justice Walter Samuel Nkanu Onnoghen in the ruling of a panel of seven Justices ordered Lagos State to file its notice of appeal within 30 days.
The decision of Justice Onnoghen on the Lagos application argued by Osunsanya Oluwayemisi, a Senior State Counsel in the Lagos Ministry of Justice followed the consent of Al-Mustapha’s lawyer, Joseph Daudu (SAN), not to oppose the application.
The acting CJN had said that by the decision of the apex court, the time for Lagos to appeal against the findings of the Court of Appeal on the high profile murder case has been extended from July 12, 2013 when the Court of Appeal judgment was delivered till January 7, 2014.
By the granted permission in 2014, the coast became cleared for the Lagos to challenge the not guilty verdict granted in favour of the military officer by the Court of Appeal in 2013
In the then move to re-open the case, the Lagos State government had sought to file a notice of appeal out of the time at the Supreme Court asking for the permission of the court to allow it to challenge the Appeal Court findings of Justices Amina Adamu Augie, Rita Nosakhare Pemu and Fatimo Omoro Akinbami on ground of mis-carriage of Justice in the matter.
The state had in the application prayed the apex court to allow it to exercise its constitutional right to test the validity and correctness of the decision of the Appeal Court.
It claimed that it wanted to raise its ground of appeal on arguable legal and factual issues especially the question of whether there is any direct or circumstantial evidence establishing the guilt passed on Al-Mustapha in the murder case.
It had justified its lateness in filing the appeal on the ground that it set up two legal teams to review the circumstances of the case and the verdict of the Court of Appeal.
The government said that it took a long time for the two legal teams to present their findings and recommended that an appeal case can be filed and sustained.
The Lagos State Government said that it will ask the Supreme Court to set aside the judgment of the Court of Appeal which on July 12, 2013 discharged and acquitted Major Hamza Al-Mustapha, in the murder case of late Alhaja Kudirat Abiola.
In place of the Appeal Court decision, the state government said that it will plead with the apex court to uphold and restore the death sentence by hanging placed on the former Chief Security Officer (CSO) to the former dictator and late Head of State, General Sani Abacha by a Lagos High Court on January 30, 2012.
Al-Mustapha, Mohammed Abacha and one Lateef Shofolahan were arraigned before a Lagos high court on two-count criminal charge of conspiracy to commit murder and the murder of the late Alhaja Kudirat Abiola on June 4, 1996 in Lagos State.
In the judgment of the high court delivered on January 30, 2012 by Justice Moji Dada, the accused persons were found culpable as charged and sentenced them to death by hanging.
However, at the Court of Appeal approached by Al-Mustapha on April 27, 2012 for the review of the trial and the conviction, the three-member appellate court Justices in a unanimous judgment of July 12, 2013 voided the decision of the high court, set it aside and discharged and acquitted the accused on the ground that the evidence against them was not strong enough to warrant the death sentence.
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UNIABUJA law student emerges champion at West Africa 9th Inter-Universities Speech Contest, in Freetown
By Kayode Sanni-Arewa
University of Abuja law student, Amra Onize Salihu, has emerged champion at the 9th Inter-Universities Speech Contest organised by the Intergovernmental Action Group Against Money Laundering in West Africa (GIABA), held on Wednesday, 22 July 2026 in Freetown, Sierra Leone.
Amra, a 500-level student in the Faculty of Law, represented Nigeria after winning the national selection conducted by the Nigerian Financial Intelligence Unit (NFIU).
She defeated contestants from The Gambia, Liberia, Sierra Leone, and Ghana to claim the regional title, receiving the Winner’s Plaque, a Certificate of Honour, and a cash prize of US$1,000.
Fellow 500-level law student Abah Goodness Ojonoma attended as an observer.
The Director of the Law Clinic, Dr Nasiru Mukhtar coached the team, along with Mr J R Gogol of the NFIU, who provided
technical coaching.
The Vice-Chancellor, Professor Hakeem Babatunde Fawehinmi, said he was proud of the students performance.
“Our students from the Faculty of Law have once again made the University proud. I congratulate them on this great achievement. I also commend the Faculty of Law and the Law Clinic for their efforts in the training and mentorship of the students. We will continue to work even harder to enhance the University’s global visibility through academic excellence and outstanding achievements such as this.”
News
BREAKING: Fear as Enugu Air flight crash lands at Benin Airport
Fear as an aircraft belonging to Enugu Air has crashed at Benin City airport in Edo State.
The incident reportedly occurred on Thursday afternoon.
A video of the incident was shared on social media by an X user identified as @Oyindamola
“Enugu Air aircraft crash lands in Benin Airport this afternoon,” the X user wrote.
Recall that the Enugu Air is owned and operated by the Enugu State government.
There’s was no official statement on the matter by the aviation authorities at the time of filing in this report.
Details shortly…..
News
Reps Minority Caucus stage Walk Out as House Passes Tinubu’s State Police Bill
…allege constitutional breaches in voting process as 311 lawmakers back landmark amendment
…reaffirm their support for state policing in principle
By Gloria Ikibah
The Minority Caucus in the House of Representatives on Thursday staged a dramatic walkout during plenary in protest against the passage of President Bola Tinubu’s Executive Bill on the establishment of State Police, accusing the House leadership of violating constitutional provisions and the chamber’s Standing Orders.
Despite the protest, the House approved the Constitution Alteration Bill after 311 lawmakers voted in its favour, marking a major milestone in the ongoing effort to decentralise policing and strengthen Nigeria’s security architecture.
The Executive Bill, transmitted to the National Assembly by President Tinubu last week, seeks to amend the 1999 Constitution to create a constitutional framework for the establishment of State Police Services. The proposal followed months of debate over the need for a multi-layered policing system to tackle rising insecurity across the country. It also replaced an earlier version of the bill previously passed by the House after lawmakers rescinded their earlier resolution to accommodate the President’s proposal.
Speaking to journalists shortly after leading members of the caucus out of the chamber, Minority Leader, Rep. Fredrick Agbedi, said their action was not a rejection of state police but a protest against what they described as the disregard for due legislative process.
He argued that the Speaker, while presiding as Chairman of the Committee of the Whole, ignored the constitutional requirements governing amendments to the Constitution.
He said: “The Constitution is the grand norm. It is the rule book from which even our Standing Orders derive their powers. For the Speaker, acting as Chairman of the Committee of the Whole, to disregard the clear provisions of Section 9(2) of the 1999 Constitution, as amended, is a great affront to the workings of the House of Representatives.”
Agbedi maintained that attendance in the House is determined through members’ registers signed on each legislative day and not by names read during proceedings.
The Minority Caucus also insisted that every clause of a constitutional amendment bill must be considered individually and supported by a two-thirds majority, as required by both the Constitution and the House Standing Orders.
Quoting Order 13 Rule 15(a) of the House Rules, the lawmakers stated:
“In the clause-by-clause consideration in the Committee of the Whole, a clause shall be deemed passed only if supported by a positive vote of two-thirds majority of members of the House.”
The caucus faulted the decision to pass the bill through a voice vote after only the long title was read, without detailed consideration of each clause.
Reaffirming their support for state policing in principle, the lawmakers stressed that procedure should never be sacrificed.
“We are not against the creation of state police. Whatever will help address insecurity in Nigeria, we are prepared to support. But every action taken by Parliament must follow due process”, he added.
According to the minority leader, they had earlier held discussions with Speaker Abbas Tajudeen on aspects of the bill that required amendments, and believed there was an understanding that those concerns would be addressed.
The lawmaker warned that failure to comply with constitutional procedures could undermine the credibility of the National Assembly and Nigeria’s democratic institutions.
“Mr. Speaker even identified areas where we could intervene, but when he sat as Chairman of the Committee of the Whole, he simply read the long title and put the question through a voice vote. That is absurd.
“When the rules and regulations are not complied with, it affects the credibility of the institution as well as the credibility of Nigeria and our democracy”, Agbedi stated.
The caucus further alleged that the Speaker denied them the opportunity to raise constitutional points of order before the vote was taken.
“As Minority Leader, I raised a point of order, but before hearing me, the Chairman ruled me out of order. Which order was he ruling me out of? He ought to have heard my point of order first before deciding whether it complied with our rules or the Constitution”, he said.
The caucus also questioned how the constitutional requirement of a two-thirds majority could have been met after opposition lawmakers had left the chamber.
“If we walked out of the House, where are our votes? Can you count our votes? Can anybody decide a constitutional amendment with a voice vote? It is not possible”, he asked.
Describing the development as a dangerous precedent, the Minority Caucus accused the ruling All Progressives Congress (APC) of weakening democratic institutions.
“We stand on the side of Nigerians. We stand on the side of the rule of law. We stand on the side of what will make Nigeria a great nation and not what will diminish the integrity, progress and development of this country”, the minority leader noted.
The lawmakers urged Nigerians to remain vigilant, insisting that while they support the establishment of state police, any constitutional amendment must strictly comply with the provisions of the Constitution and the House Standing Orders.
Meanwhile, the House proceeded with the consideration and adoption of the report of its Committee on the Review of the 1999 Constitution, chaired by Deputy Speaker Benjamin Kalu.
At the conclusion of the exercise, Speaker Abbas Tajudeen announced that 311 members voted in support of the bill, comprising 276 lawmakers physically present in the chamber and 35 who participated virtually.
The bill, titled “A Bill for an Act to Alter the Constitution of the Federal Republic of Nigeria, 1999 to Provide for the Establishment of State Police Services and for Related Matters (HB. 2797),” now moves to the next stage of the constitutional amendment process.
In forwarding the legislation to the House, President Tinubu said the proposal builds on previous work by lawmakers while introducing additional safeguards to ensure the effective implementation of a dual policing system.
“This bill builds on the significant work already done in this regard by the House of Representatives and incorporates additional safeguards to ensure that the creation of a dual policing structure to address our nation’s evolving national security challenges can be achieved quickly and effectively to the benefit of all Nigerians.
“The proposed legislation is a critical component of our administration’s strategy to reorganize Nigeria’s security architecture to better protect our citizens, and I am confident that the House of Representatives will act quickly to consider and pass this Bill.
“While I look forward to expeditious consideration of this submission by the House of Representatives, please accept, Rt. Honourable Speaker, the assurances of my consideration and best regards”, he said.
Following receipt of the Executive Bill, the House rescinded its earlier resolution of 11 June 2026 on the establishment of State Police Services and dissolved the 12-member Conference Committee constituted on 9 July 2026, paving the way for consideration of the President’s revised proposal.
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