26 years after, Kudirat Abiola’s children sue FG over her killing

Twenty-six years after the killing of their mother, children of late Mrs Kudirat Abiola have taken the Buhari administration to the ECOWAS Court of Justice in Abuja over the killing.

Indeed, they accused the FG of complicity in the killing of their mother in 1996.

Khafila Abiola, Moriam Abiola, and Hadi Abiola say they are suing for themselves and on behalf of the other children of Kudirat.

In the suit number ECW/CCJ/APP/62/2022 filed on their behalf by their Counsel Femi Falana, SAN, the children are challenging the “violation of the fundamental human rights to life and dignity of human person of the late Mrs Abiola.”

The plaintiffs said, “The failure or refusal of the defendant to protect the life of Late Alhaja Kudirat Abiola in the Republic of Nigeria amounts to a violation of Articles 1,4,5,18 and 23 of the African Charter.”

They also said, “The combined effect of the said provisions of the African Charter and the Constitution of Federal Republic of Nigeria is that states will be held responsible if they fail to act with due diligence to prevent violations of the rights or actively involved act which amount to the violation of the plaintiff right (as in this case), and for providing adequate compensation.”

The plaintiffs are also arguing that, “under the combined provisions of Articles 1, 4 and 5 of the African Charter on Human and Peoples’ Rights to which Federal Republic of Nigeria is a signatory, the Respondent has infringed on the right of the deceased to life, dignity of her person and security.”

The suit filed Tuesday, read in part, “The applicants aver that Late Mrs. Kudirat Abiola was married to the late Chief MKO Abiola, a Nigerian and community citizen. Chief M.K.O Abiola contested and won the presidential election held in Nigeria on June 12, 1993. The selection which was adjudged fair and free by local and international election observers was annulled by the Ibrahim Babangida military junta without any legal justification.”

“Instead of relinquishing power to the late Chief M.K.O Abiola, the Ibrahim Babangida junta illegally installed an interim National Government headed by Chief Ernest Shonekan on August 27, 1993. On November 10, 1993, the Lagos State High Court declared the interim National Government illegal, null and void.

On November 17, General Sani Abacha removed the illegal Interim National Government and declared himself the military head of state. In June 1994, Chief M.K.O. Abiola was arrested for announcing himself as the elected President of Nigeria on the basis of the June 12, 1992 presidential election won by him.”

“The Sani Abacha military junta charged Chief M.K.O Abiola with treasonable felony and detained him in solitary confinement in an undisclosed detention centre for 4 years without trial. Chief Abiola’s wife, Mrs. Kudirat Abiola led a campaign for the unconditional release of her husband from illegal custody and inauguration as the elected President of Nigeria.”

“Angered by her the pro-campaign campaign the Sani Abacha military junta decided to assassinate Mrs. Kudirat Abiola. On June 4, 1996, Mrs Kudirat Abiola was shot dead in her car at Oregun area in Lagos, Nigeria by unknown gunmen.”

“The military government condemned the assassination of Mrs. Kudirat Abiola and announced its plan to investigate the arrest and prosecute the murderers. But in order to divert public attention from the actual murderers the military regime arrested some political allies and family members of Mrs. Kudirat Abiola, detained them briefly and released them.”

“Following the restoration of civil rule in May 1999, the Olusegun Obasanjo Administration set up the Justice Chukwidifu Oputa Commission of Enquiry to investigate the gross human rights abuse that occurred during the defunct military rule from 1966-1999. In a petition submitted to the Oputa Panel the Applicants requested for investigation of the circumstances surrounding the brutal killing of Mrs. Kudirat Abiola by gang of gunmen in Lagos on June 4, 1996.”

“During the sitting of the Oputa panel in Lagos on December 8, 2000 Sergeant Barnabas Jabila (a.k.a. Sergeant Rogers), a member of the killer squad set up by the Sani Abacha junta confessed that he shot Mrs. Kudirat Abiola dead and attempted to kill the late Senator Abraham Adesanya and Alex Ibru by shooting them on the instructions of the Major Hamza Al-Mustapha, the chief security officer of General Sani Abacha, from November 1993 to June 1998.”