Alhaja Kudirat Abiola, the wife of late businessman and politician Chief MKO Abiola, was assassinated in Lagos during the political turmoil that followed the annulment of the June 12, 1993 presidential election. Her death occurred amid her prominent role in protests against the annulment by the then military authorities.
In a unanimous decision, a five-member panel of the apex court ruled that Lagos State had effectively abandoned the case, having failed to take any steps to revive the trial for more than a decade after being granted permission to do so.
The court noted that since receiving approval in 2014 to challenge an earlier appellate court judgment, the state neither filed the required notice of appeal nor pursued any legal processes within the stipulated timeframe. At the most recent hearing, the state was absent and had submitted no filings, despite evidence that it had been properly served with hearing notices.
Counsel to the defendant informed the court that the 30-day window granted in 2014 had long expired, with more than 11 years passing without compliance. The justices agreed that the prolonged silence and inaction demonstrated a clear loss of interest in the matter and described the delay as unjustifiable.
Consequently, the court dismissed the appeal filed under reference SC/CR/45/2014. A related appeal by the Lagos State government, marked SC/CR/6/2014, was also struck out on the same grounds.
The case has a lengthy legal history. In 2012, the accused, alongside other co-defendants, was convicted by a Lagos High Court and sentenced to death for conspiracy and murder. However, that conviction was overturned in 2013 when the Court of Appeal ruled that the prosecution had failed to provide sufficient evidence to sustain the verdict.
Although the Supreme Court later granted Lagos State permission to challenge that appellate decision, the state’s failure to act within the time allowed ultimately proved fatal to the case.
With this ruling, the Supreme Court has conclusively closed the chapter on one of the country’s most high-profile and protracted criminal trials.
In a unanimous decision, a five-member panel of the apex court ruled that Lagos State had effectively abandoned the case, having failed to take any steps to revive the trial for more than a decade after being granted permission to do so.
The court noted that since receiving approval in 2014 to challenge an earlier appellate court judgment, the state neither filed the required notice of appeal nor pursued any legal processes within the stipulated timeframe. At the most recent hearing, the state was absent and had submitted no filings, despite evidence that it had been properly served with hearing notices.
Counsel to the defendant informed the court that the 30-day window granted in 2014 had long expired, with more than 11 years passing without compliance. The justices agreed that the prolonged silence and inaction demonstrated a clear loss of interest in the matter and described the delay as unjustifiable.
Consequently, the court dismissed the appeal filed under reference SC/CR/45/2014. A related appeal by the Lagos State government, marked SC/CR/6/2014, was also struck out on the same grounds.
The case has a lengthy legal history. In 2012, the accused, alongside other co-defendants, was convicted by a Lagos High Court and sentenced to death for conspiracy and murder. However, that conviction was overturned in 2013 when the Court of Appeal ruled that the prosecution had failed to provide sufficient evidence to sustain the verdict.
Although the Supreme Court later granted Lagos State permission to challenge that appellate decision, the state’s failure to act within the time allowed ultimately proved fatal to the case.
With this ruling, the Supreme Court has conclusively closed the chapter on one of the country’s most high-profile and protracted criminal trials.
