Falana assembles legal team to sue Babangida

Prominent human rights lawyer, Femi Falana, SAN, has announced plans to take legal action against former military ruler General Ibrahim Babangida (retd.) over what he described as his “malicious” detention and prosecution during the fight against the annulment of the June 12, 1993, presidential election.

Speaking during an interview on Channels TV, Falana recounted how he, the late Chief Gani Fawehinmi (SAN), and three others were arrested and charged for opposing the military government’s decision to nullify the election, which had been won by Chief Moshood Kashimawo Olawale (MKO) Abiola.

Falana said their arrest, prosecution, and trial were deliberate acts of suppression, and he has now put together a legal team to seek justice.

Reflecting on Babangida’s recent admission of regret over the annulment, Falana expressed frustration that it had taken 32 years for the former dictator to acknowledge the decision’s impact on Nigeria’s democracy.

He recalled how he and his colleagues were taken to the Gwagwalada Chief Magistrate Court and charged with treasonable felony. Without access to legal representation, Falana and Fawehinmi were forced to defend themselves and their co-accused.

Falana stated, “Even though we were asking for bail, we turned our arraignment to the trial of junta. And I recalled on that occasion, Chief Fawehinmi told the judge, Chief Magistrate Mallam Bulama that those who should be standing trial for treason, should be in the dock were in the Villa, led by General Babangida.”

He continued, “Because they had sacked, they had overthrown a democratically elected government on December 31, 1983. So, those are the people that should be standing trial.”

Falana further argued in court that the charges against them were baseless, stating, “I said, my lord? The man calling himself my president has no fixed term of office. So, I couldn’t have been brought here. Of course, the judge adjourned. Two weeks later, he granted us bail very liberally, N20,000 and one surety in like sum.”

According to Falana, Babangida’s government abandoned the case to avoid public scrutiny, and the charges were eventually dismissed.

“They couldn’t go back to court, so that we don’t turn the thing into a full trial of General Babangida and others. So, it simply ran away,” he said.

Determined to seek accountability, Falana now plans to challenge what he describes as a politically motivated prosecution.

“I have assembled a team of lawyers. They are looking into it. Because he has now brought it to life by now admitting that there was no basis for my prosecution. Because he now says Abiola won the election, which was the basis of our protests,” Falana explained.

He emphasized the severe human rights violations he endured, stating, “Again, massive infringements of our rights, human rights. Because when you keep me in Kuje prison, you deny me my right to liberty, my freedom of movement. You also violate my right to choose the government of my country.”

Falana referenced international human rights law, adding that evolving legal interpretations support his case.

“But later, you know, the improvement of the jurisprudence of the court has now come to the conclusion. I think that was in the case of Federation of Journalists, you know, Gambia and the government of that country that once you are talking of serious abuse of human rights, statute of limitation does not apply,” he said.