26 Years After, Kudirat Abiola’s Children Sue FG Over Mother’s Murder

The Evangelist
December 15, 2022

The children of the late Mrs. Kudirat Abiola have dragged the President Muhammadu Buhari-led Federal Government to court over the murder of their mother on June 4, 1996.

Recall that Kudirat was a vocal voice against the annulment of the election of his husband, the late Chief Moshood Kolawole Abiola.

26 years after her demise, her children have now dragged the federal government to the ECOWAS Court of Justice, Abuja to seek justice for the martyr.

The suit. marked ECW/CCJ/APP/62/2022, was filed by human rights lawyer, Femi Falana SAN, on behalf of the children.

The suit read: “The applicants aver that Late Mrs. Kudirat Abiola was married to the late Chief M.K.O 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 four 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 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.

“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 four 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 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.

“The Supreme Court of Nigeria has granted leave to the Lagos State Government to appeal against the judgment of the Court of Appeal and the appeal which has been filed is currently pending at the Supreme Court.

“In Mohammed Abacha the State (2002) 31 WRN 1, the Supreme Court quashed the charge on the grounds that the appellant was not implicated in the murder of Mrs. Kudirat Abiola.

“The apex court said that Major Al-Mustapha was properly charged with conspiracy, murder and accessory after the fact to murder Mrs. Kudirat Abiola but queried why Sergeant Barnabas Jabila (a.k.a Rogers), Mohammed Abdul (a.k.a Katako) and Aminu Mohammed, who actually killed Mrs. Kudirat Abiola were not charged with murder.

“In spite of the finding of the Supreme Court the defendant has not charged Sergeant Barnabas Jabila (a.k.a Rogers), Mohammed Abdul (a.k.a Katako) and Aminu Mohammed with the murder of Mrs. Kudirat Abiola in any court of law.

“The applicants aver that the killing of Mrs. Kudirat Abiola by the armed agents of the defendant is illegal and a violation of her human rights to life and dignity.”

“The father of the Applicants, Chief M.K.O. Abiola was reported to have died in military custody on July 7, 1998. The Oputa Panel recommended that the suspicious circumstances surrounding the death of Chief Abiola be investigated but the defendant has refused to implement the recommendation.”

“In recognition of the presidential election won by Chief Abiola on June 12, 1993, the Federal Government has conferred the national honour of Grand Commander of the Federal Republic (GCFR) on him posthumously and declared June 12 as a public holiday in Nigeria.”

Furthermore, they 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 of Human and Peoples’ Rights.

“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 amounts to the violation of the plaintiff right (as in this case), and for providing adequate compensation.

“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, the dignity of her person and security.

“A 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.

“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.

“An order directing the defendant to charge Sergeant Barnabas Jebila (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.

“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.”