Human rights lawyer, Femi Falana, SAN, speaks with ISMAEEL UTHMAN on why former military ruler, Gen. Ibrahim Babangida (retd.), should be prosecuted for the human rights violations and political injustices committed during his regime. Former Head of State Gen. Ibrahim Babangida (retd.) recently published his autobiography....Read Full Article >>➤
As an active social crusader during his regime, do you think the book accurately reflects Nigeria’s history under his rule? The book did not set out to reflect the history of the country under his rule. It was a ploy to play on the collective intelligence of Nigerians, but the effort failed woefully. History has already recorded the infamy of Ibrahim Babangida’s military junta. No autobiographical account can change the verdict of history.
Can you share your personal experience during IBB’s regime?
I cannot capture my horrible experience under the repressive Babangida military junta. It may interest you to know that Gen Babangida released me from custody after he had overthrown the Buhari military regime in August 1985. Eight years later he left me in detention. It was the interim national government of Ernest Shonekan that set me free on August 31, 1993. Gen Babangida arrested, detained and charged me with serious offences including treasonable felony. But I was never convicted.
How would you describe the presence of some leaders of the National Democratic Coalition at Babangida’s book launch?
The presence of some members of NADECO at the rally for General Babangida did not surprise me. On a serious note, there is no ideological difference between Babangida and the NADECO leaders. In fact, the majority of them served in various capacities under the Babangida military junta.
By the way, NADECO was formed on May 31, 1994, when Chief MKO Abiola wanted to declare himself President based on his mandate. Unlike human rights workers, lecturers, and labour activists, NADECO members were not subjected to intimidation or harassment under the Babangida military junta. Hence, the Presidency issued a statement to correct the aspect of the review by former Vice President, Professor Yemi Osinbajo, where he said Babangida was Senator Bola Tinubu’s tormentor. I would have been taken aback if the members of the Campaign for Democracy had attended the event.
Some activists have called for the prosecution of the ex-military president. You have also indicated interest in suing him. What will be the grounds for your litigation?
Gen. Muhammadu Buhari (retd.), Babangida, Gen. Sani Abacha (retd.), and their cohorts committed criminal offences of conspiracy and treason on December 31, 1983, when they sacked the elected administration of Shehu Shagari. Babangida later carried out a palace coup on August 27, 1985, and proclaimed himself the President of the country. For eight years thereafter, he ruined the economy by implementing the IMF-inspired Structural Adjustment Programme. His junta engaged in the unlawful arrest and detention of hundreds of citizens, the malicious prosecution of activists and workers, as well as disappearances and extrajudicial killings of some critics.
Babangida sabotaged the political transition programme under Decree No. 25 of 1987 by shifting the terminal date of military rule on four occasions, banning and unbanning politicians, cancelling the results of primaries, and annulling the June 12, 1993, presidential election won by Chief Abiola. Babangida is also vicariously liable for the unprecedented atrocities, including terrorist attacks unleashed on political opponents under the Sani Abacha military junta. Some of the gross human rights violations perpetrated by Babangida and his comrade-in-arms, Abacha, are akin to crimes against humanity.
Since I announced my intention to sue General Babangida, several progressive lawyers have called to register their support, while the Committee for the Defence of Human Rights has undertaken to compile a comprehensive list of the victims of the egregious human rights violations carried out by Babangida.
General Mamman Vatsa and other military officers were executed under a treason decree promulgated by Babangida after they had been arrested and detained for a rumoured coup. Renowned journalist Dele Giwa was killed by a parcel bomb. The ECOWAS Court has repeatedly maintained that a member state that fails to investigate the killing of a community citizen is liable. We have abundant evidence to prove that the Babangida military junta not only frustrated the investigation of Dele Giwa’s killing but also obstructed Chief Gani Fawehinmi, SAN, from prosecuting the suspected killers.
Do you think you will get justice for yourself and other victims of his administration?
I believe we shall get justice because the evidence of atrocities is overwhelming. It may interest you to know that several decrees signed by Babangida regarding the annulment of the June 12 election have been assembled. They will be tendered to expose the lie that it was Abacha who annulled the election.
Babangida is often described as a master of political manipulation. What was the most damaging decision of his administration?
In 1986, the Cookey Panel set up by Babangida submitted a report that confirmed that the totality of the people’s demands could only be realised under a socialist Nigeria. Babangida treated the report with contempt and proceeded to award oil blocs and sell public enterprises to his cronies. Between 1988 and 1994, Nigeria saved $12.4bn. According to the Pius Okigbo panel, the huge sum of money in the dedicated accounts in the Central Bank was unaccounted for. That was the most serious economic crime of the era because, with $12.4bn, Nigeria could have provided uninterrupted electricity, pipe-borne water, and eradicated poverty.
The annulment of the June 12, 1993, election remains one of Nigeria’s most controversial political events. Do you believe Babangida has taken full responsibility for his role in it?
Taking full responsibility for a serious criminal offence is arrant nonsense without a full-fledged apology. In any case, the colossal damage has been done. Babangida should apologise for insulting the collective intelligence of the Nigerian people by blaming Abacha for the annulment of the June 12 election. Even though Abacha opposed the June 12 election, the Commander-in-Chief of the Armed Forces, Babangida, conspired with him in annulling the election. Hence, Babangida did not retire him from the Nigerian Army. Babangida also allowed Abacha to sack the Interim National Government and install himself as military Head of State.
You recently called for the cancellation of bye-elections in cases where an elective office holder dies. You said the party of such a person should instead nominate somebody to fill the vacancy. What legal or constitutional backing supports your position?
My position is backed by the Constitution, which provides that candidates are nominated and sponsored by political parties. In several cases, Nigerian courts have held that elections are won or lost by political parties. Therefore, Nigeria should stop wasting huge funds on bye-elections and instead allow the political parties that win elections to replace candidates in case of the death or resignation of elected public officers.
What electoral reforms do you think Nigeria urgently needs to ensure free and fair polls?
I have advocated the amendment of the Electoral Act to provide for the electronic transmission and collation of results. I have also called for the establishment of an electoral offences commission to investigate allegations of electoral offences and prosecute indicted individuals and organisations. In line with the recommendation of the Justice Uwais Electoral Reform Panel, the posts of the principal officials of the Independent National Electoral Commission should be advertised, while the final selection of qualified candidates should be carried out by the National Judicial Council. Unless these amendments are adopted and implemented, Nigeria will not be in a position to conduct transparent elections.
The Nigerian judiciary has come under criticism for alleged political influence. Do you think the judiciary is truly independent, and what reforms will you suggest?
The judiciary is not truly independent because its budget is prepared and managed by the executive. The Constitution has been amended to provide for the financial autonomy of the judiciary. The Nigerian Bar Association and the Judiciary Staff Union of Nigeria should ensure that the relevant provisions of the Constitution on judicial independence are implemented.
Police brutality and unlawful detentions persist despite the #EndSARS movement. Do you think the government has done enough to address police reform?
In the first place, the #EndSARS protest would have been avoided if the Administration of Criminal Justice Act 2015 and the Police Establishment Act 2020 had been implemented. Both laws provide for compulsory visitation to all police stations and other detention centres by Chief Magistrates and judges every month. In addition, the Police Establishment Act stipulates that a legal practitioner shall be assigned to monitor the observance of human rights in all police stations in the country. If these provisions of the ACJA and the Police Establishment Act are implemented, illegal arrests and detentions of Nigerians will cease.
Nigeria has also ratified the Anti-Torture Convention of the United Nations and domesticated the same in 2017. Thus, any police officer, law enforcement officer, or private individual who subjects any person to torture is liable to prosecution and a 25-year prison term if convicted. If death occurs as a result of torture, the perpetrator shall be charged with murder. Apart from such stringent penalties, a victim of torture is empowered to sue for damages over the violation of his or her fundamental right to dignity.
With the resurgence of military coups in West Africa, do you believe Nigeria’s democracy is strong enough to withstand potential threats?
Apart from Senegal, which has never had a coup d’état, and Ghana, which has had uninterrupted civil rule since 1992, there are no other West African countries that have institutionalised democracy. In fact, the Economic Community of West African States has almost collapsed due to the resurgence of military rule. Four of the 15 member states of ECOWAS are ruled by military dictators. Out of these four countries, three—Burkina Faso, Niger, and Mali—have pulled out of ECOWAS as their rulers rejected the organisation’s agenda for a return to democratic rule.
The ruler of the fourth country, Guinea, has decided to transform into a civilian president. The President of Togo, Faure Gnassingbé, is serving his fifth term in office. President Alassane Ouattara of Côte d’Ivoire is going for a fourth term, while President Adama Barrow of The Gambia is seeking a third term. In December 2023, President Umaro Sissoco Embaló dissolved the national parliament after an attempted coup. Since then, the country has been ruled by President Embaló without a parliament, contrary to its Constitution. Can you believe that it is ECOWAS that provides security for Guinea-Bissau and The Gambia? Unfortunately, the ECOWAS Chairman, President Bola Tinubu, has not been able to call these dictators to order because of the ongoing plan to turn Nigeria into a one-party state.
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