KUDIRAT ABIOLA | Lagos State Government reopens murder case

Convinced that justice was not done in the case of the assassina­tion of Kudirat Abiola, wife of the late business mogul and politician, Bashorun MKO Abiola, the Lagos State Government has re­opened the case against Major Hamza Al-Mus­tapha, Lateef Shofolahan and others involved in the murder.
Kudirat Abiola was as­sassinated on June 4, 1996, along Seven Up road at Oregun, Lagos on her way to attend a function in La­gos Island. She was fighting for the release of her hus­band from detention and validation of June 12, 1993, election that was presumed to have been won by MKO Abiola.

On the assumption of democratic rule in 1999, some people, including Mohammed Abacha, son of the late military dicta­tor, Hamza, Shofolahan, an aide to Abiola, and others were arrested in connec­tion with the murder.
Their trial started some­time in 2001 when they were arraigned before Jus­tice Kudirat Kekere-Ekun of Lagos High Court, Ikeja Judicial Division (Justice Kekere-Ekun is now a Jus­tice of the Supreme Court). However, before she could take his plea, Mohammed Abacha’s lawyer, Mr J.B. Daudu SAN entered a no case submission and ar­gued that information filed before the court did not disclose sufficient informa­tion against Mohammed, and urged the court to dis­charge him.

Justice Kekere-Ekun had adjourned to rule on Daudu’s application when the lawyer filed a notice of Appeal before the Court of Appeal, Lagos and got an order of stay of proceed­ings in the matter before Justice Kekere-Ekun. The case dragged to the Su­preme Court headed by Justice Alfa Belgore who ruled that Mohammed Abacha had no case.

However, in his mi­nority judgement, the late Justice Akintola Eji­wunmi disagreed, calling the decision of the ma­jority of the Justices “the tyranny of the majority”. He posited that the right thing to do was to allow Mohammed Abacha to go on trial, where through the rigours of the trial, his innocence or otherwise would be proved.

The trial against Major Al-Mustapha proceeded and lasted until 2012 be­fore he was discharged and acquitted by the court. The Court of Ap­peal also upheld the deci­sion of the lower court.
The prosecution went through three Attorneys-General- Prof Yemi Osin­bajo SAN now Vice Presi­dent of Nigeria, Olashupo Shashore SAN, and Ade Ipaye. The incumbent At­torney-General, Mr Ad­eniji Kazeem will be the fourth Attorney-General to handle the case.

However, at a ministe­rial briefing Tuesday, Ad­eniji told newsmen that the state has reopened the case because the govern­ment was not satisfied that justice was done in the matter. He said that gov­ernment will soon begin the case de novo.
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