Human rights lawyer and activist, Femi Falana (SAN), has revealed his intention to sue former military President, General Ibrahim Babangida (retd.), over what he described as malicious and illegal detention for opposing the annulment of the June 12, 1993 election which was won by Chief Moshood Abiola.
Falana who made his intentions known while speaking on Channels Television on Tuesday night, said he is preparing a lawsuit against Babangida for detaining him alongside the late legal luminary, Chief Gani Fawehinmi (SAN) and three others during the military regime.
Falana revealed that he and his colleagues were persecuted for opposing the annulment of the presidential election and vowed to challenge the detention.
Narrating how Babangida deliberately nullified the election results and arrested, detained, charged them with treasonable felony and paraded them as criminals, Falana said the events of 1993 had left an indelible mark on him, his colleagues and Nigerians in general.
“Even though we were asking for bail, we turned our arraignment to the trial of 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, should be in the dock were in the Villa, led by General Babangida,” he said.
“Because they had sacked, they had overthrown a democratically elected government on December 31, 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.”
The human rights lawyer also noted that Babangida’s regime could not stand another proceeding.
“So, I am going to challenge the malicious prosecution. My malicious prosecution and that of my colleagues.
“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, it shouldn’t have postponed the terminal date of his transition programme.
“Which, again, we are 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,” he said.
