Femi Falana to sue Ibrahim Babangida over 1993 arrest, prosecution
Prominent Nigerian human rights lawyer Femi Falana will sue former military president Ibrahim Babangida for his 1993 imprisonment and prosecution.
This follows Babangida’s admission that Moshood Abiola won the June 12 election, widely deemed Nigeria’s fairest.
Babangida, Nigeria’s military leader from 1985-1993, acknowledged Abiola’s victory during his memoir launch on February 20.
There, he expressed regret for annulling the poll, blaming pressures from his then-defense chief, Sani Abacha.
Falana’s lawsuit seeks accountability for Babangida’s role in suppressing democracy.
The legal action underscores renewed demands for justice decades after Abiola’s mandate was unjustly voided.
In an interview with Channels Television, Falana described the annulment as the “last stage of manipulation” orchestrated by Babangida.
He recounted his arrest alongside other pro-democracy activists, including Gani Fawehinmi and Beko Ransome-Kuti, for publishing the election results.
The activists were charged with sedition and later treasonable felony, leading to their detention in Kuje prison.
Falana Recalls Ordeal Under Babangida’s Regime
Falana detailed the events surrounding their arrests and prosecution, emphasizing the lack of legal grounds for the charges. “IBB ordered the arrests of pro-democracy activists, including Fawehinmi, Ransome-Kuti, and me. We were paraded before a chief magistrate court in Wuse, Abuja, for sedition—simply because we had published the election results,” he said.
He further recounted how their legal representative, Gani Fawehinmi, was also arrested and detained for defending them in court. “The vehicle that was taking us to prison maneuvered, and we found ourselves at the Gwagwalada chief magistrate court where we were charged with treasonable felony,” Falana added.
Despite being denied access to legal counsel, Falana and Fawehinmi took it upon themselves to defend their colleagues. During one court session, Fawehinmi argued that those truly guilty of treason were in power at the time, led by Babangida. Falana echoed this sentiment, pointing out that Babangida’s regime had overthrown a democratically elected government in 1983.
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The court eventually granted them bail under lenient terms: N20,000 and one surety in like sum.
Legal Action for Malicious Prosecution
Falana stated that Babangida’s recent acknowledgment of Abiola’s victory invalidates their arrests and prosecutions in 1993.
“Since IBB has now admitted that Abiola won the election, there was no basis for our prosecution,” he said.
“I am going to challenge the malicious prosecution—mine and that of my colleagues.”
The Senior Advocate of Nigeria (SAN) revealed that he has assembled a legal team to pursue the case. He emphasized that Babangida’s admission underscores the malicious nature of their prosecution and highlights significant violations of their human rights.
“When you keep me in Kuje prison, you deny me my right to liberty and my freedom of movement,” Falana said. “You also violate my right to choose the government of my country, as outlined in Article 13 of the African Charter on Human Rights.”
Falana cited a precedent set by the African Court on Human and Peoples’ Rights in a case involving Gambian journalists, which established that statutes of limitation do not apply in cases of serious human rights abuses.
Babangida’s Role in Annulment Remains Indisputable
While Babangida has attempted to shift some responsibility for the annulment to external forces within his administration, Falana insisted that the former military leader’s role is undeniable. “The man who did it has just come out to say, ‘I did it wrongly,’” he remarked.
The June 12, 1993, election remains a pivotal moment in Nigeria’s political history. The annulment sparked widespread protests and led to years of political instability. Abiola’s subsequent detention and eventual death in custody further deepened Nigeria’s democratic struggles during that era.
Falana’s decision to pursue legal action against Babangida signals a renewed effort to seek accountability for past injustices and uphold the principles of democracy and human rights in Nigeria.
