- Files $10m suit against FG
By Bukola Olasanmi
The family of the late Moshood Abiola, has dragged the President Muhammadu Buhari’s administration to court over the extrajudicial killing of its matriarch, Mrs Kudirat Abiola.
Three of the deceased’s children; Khafila Abiola, Moriam Abiola, and Hadi Abiola, filed the suit at ECOWAS Court of Justice in Abuja on Tuesday, for themselves and on behalf of the other children of Kudirat.
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In the suit number ECW/CCJ/APP/62/2022 filed on behalf of the family 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 the Plaintiffs, “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 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.”
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The suit 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, 1993 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.”