Renowned human rights lawyer, Femi Falana, SAN, has vowed to take legal action against former military ruler, General Ibrahim Babangida (retd.), over what he describes as the malicious prosecution of himself, the late Chief Gani Fawehinmi (SAN), and three others for opposing the annulment of the historic June 12, 1993, presidential election.
Speaking on Channels Television on Tuesday, Falana recounted the harrowing ordeal he and his colleagues faced under Babangida’s regime, including unlawful detention, prosecution, and trial, simply for standing against the annulment of the election won by Chief Moshood Kashimawo Olawale (MKO) Abiola.
Falana, who has now assembled a team of legal experts to challenge the case, condemned Babangida’s recent admission of regret over the annulment, asserting that such acknowledgment further solidifies the injustice they suffered.
“Thirty-two years later, Babangida now admits regret, but his actions had lasting consequences on Nigeria’s democracy. He deliberately nullified the election results and had us arrested, detained, charged, and paraded as criminals,” Falana stated.
Recalling the events of 1993, the fiery activist narrated how he and his colleagues were taken to the Gwagwalada Chief Magistrate Court and charged with treasonable felony without access to legal representation. Left with no other option, he and Chief Fawehinmi defended themselves in court.
“Even though we were seeking bail, we turned our arraignment into a trial of the junta. Chief Fawehinmi boldly told the Chief Magistrate, Mallam Bulama, that the real culprits who should be facing trial for treason were in the Villa, led by General Babangida himself,” Falana recounted.
He further argued in court that the section of the Criminal Code under which they were charged was inapplicable, as Babangida had no fixed term of office as president.
“The judge, after hearing our arguments, adjourned. Two weeks later, he granted us bail on very liberal terms—N20,000 and one surety in like sum. The regime simply could not withstand the scrutiny of another proceeding, so they ran away from the case,” he added.
With Babangida now admitting that Abiola won the election, Falana insists there was never any legal basis for his and his colleagues’ prosecution.
“I have assembled a team of lawyers, and they are reviewing the case. Babangida’s own words have brought this injustice back to life. He admits that Abiola won, which was the very basis of our protest. He also acknowledges that his transition programme should not have been altered. So, what justification did they have for our prosecution? It was purely malicious,” Falana declared.
The activist further emphasized that the actions of Babangida’s regime amounted to massive human rights violations.
“When you keep me in Kuje Prison, you deny me my right to liberty and freedom of movement. You also violate my right to choose the government of my country, as enshrined in Article 13 of the African Charter on Human and Peoples’ Rights. And now, the very man who orchestrated this injustice is admitting his wrongdoing,” he said.
Addressing concerns about whether the case could still be pursued decades later, Falana cited a significant legal precedent.
“Initially, the court in Abuja ruled in Femi Falana vs. Republic of Benin that human rights violations cannot be challenged after three years. However, with advancements in jurisprudence, particularly in the Federation of Journalists vs. The Gambia case, the court has ruled that in cases of serious human rights abuses, the statute of limitations does not apply. This means our fight for justice is still valid,” he explained.
Falana’s latest legal move is set to reignite discussions around the dark chapter of Nigeria’s history, where military rule trampled on democratic processes and fundamental human rights. His relentless pursuit of justice underscores his lifelong commitment to defending civil liberties and holding past leaders accountable for their actions.
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