Popular human rights lawyer, Femi Falana (SAN), has said he would be suing Ibrahim Babangida for his incarceration and prosecution in 1993.
Falana also reacted to Babangida’s admittance that MKO Abiola won the June 12 presidential election.
Babangida, Nigeria’s military president from 1985 to 1993, launched his autobiography titled ‘A Journey in Service’ on February 20.
During the event, the retired general said he regretted annulling Nigeria’s “freest and fairest election”.
He also blamed “forces led by Sani Abacha”, his defence chief, for the annulment.
Speaking in an interview with Channels Television on Tuesday, Falana said the annulment was the “last stage of manipulation” by Babangida.
“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,” Falana said.
“During the popular IBB must go campaign, we were arrested in Lagos and brought to FCT and we were detained in Kuje prison. Chief Fawehinmi went to court on our behalf.
“He too was arrested for going to court on our behalf and was brought to Kuje prison.
“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. Of course they brought the then NASS president to join us.
“Since we had no access to our lawyer, the late Gani Fawehinmi and I decided to defend our colleagues.
“Even though we were asking for bail, we turned our arraignment to the trial of the 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 were in the villa, led by General Babangida.
“Because they had sacked, they had overthrown a democratically elected government in 1983.
“So, those are the people that should be standing trial. And of course, when it came to my turn, I made it clear to the judge, this section of the law, Section 41 of the Criminal Code Act, which provides anybody who forms an intention to remove the president of his country, during his term of office, otherwise than by constitutional means.
“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.”
Falana said since IBB has now admitted that Abiola won the election, there was no basis for their arrest and prosecution in 1993.
“So, I am going to challenge the malicious prosecution. My malicious prosecution and that of my colleagues,” he added.
“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.
“He is also saying, you know, he shouldn’t have postponed the terminal date of his transition programme.
“Which, again, we were fighting. So, which means there was no basis for our prosecution. It is malicious.
“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.
“Point to Article 13 of the African Charter on human rights. Because the man who did it has just come out to say, I did it wrongly.
“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, the statute of limitation does not apply.”
The senior advocate of Nigeria (SAN) said Babangida’s role in the 1993 annulment was undeniable — despite his claims to the contrary.
