Late Kudirat Abiola’s children have dragged the Federal Government to the ECOWAS Court of Justice in Abuja over what they termed the unlawful killing of their mother.
Khafila Abiola, Moriam Abiola, and Hadi Abiola are suing for themselves and on behalf of the other children of Kudirat, wife of the winner of the June 12, 1993, Presidential election, late Moshood Kashimawo Olawale Abiola.
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 are arguing that, “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.”
According to them, “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’s 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 Plaintiffs are therefore asking the Community Court of Justice for
declaration that the killing of Mrs. Kudirat Abiola by the armed agents of the defendant in Lagos on June 4, 1996 is a violation of her rights to life and dignity guaranteed by articles 4 and 5 of the African Charter on Human and Peoples’ Rights and articles.
They also want a declaration that the refusal of the defendant to charge Sergeant Barnabas Jebila (a.k.a. Rogers) Mohammed Abdul (a.k.a Katako) and Aminu Mohammed Sergeant Barnabas Jebila with murder for the brutal killing of Mrs. Kudirat Abiola in Lagos on June 4, 1996 is a violation of her rights to life and dignity guaranteed by articles 4 and 5 of the African Charter on Human and Peoples’ Rights and articles.
The plaintiffs further asked an order directing the defendant to charge Sergeant Barnabas Jabila (a.k.a. Rogers) Mohammed Abdul (a.k.a Katako) and Aminu Mohammed with murder for the brutal killing of Mrs Kudirat Abiola in Lagos on June 4, 1996, as well as an order directing the defendant to pay the sum of $10 million to the Applicants as compensation for the unlawful killing of Alhaja Kudirat Abiola. No date has been fixed for the hearing of the suit.
The suit filed yesterday, 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.”
