Seek $10 million compensation
The children of the late wife of the acclaimed winner of June 12, 1993 Presidential election, Chief M.K.O. Abiola GCFR, late Mrs Kudirat Abiola, have dragged the Muhmmadu Buhari administration of Nigeria to the ECOWAS Court of Justice in Abuja, over the unlawful killing of their mother. Khafila Abiola, Moriam Abiola, and Hadi Abiola are suing for themselves and on behalf of the other children of Kudirat.
The suit number ECW/CCJ/APP/62/2022 was filed on their behalf by their Counsel, Femi Falana, SAN.
In the suit, the children are challenging the “violation of the fundamental human rights to life and dignity of human person of their mother, late Mrs Kudirat Abiola”.
The children 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 violation of Articles 1,4,5,18 and 23 of the African Charter of Human and Peoples’ Rights.
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 are actively involved in acts which amount to the violation of the Plaintiff’s rights (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.
The suit filed on Thursday December 15, 2022, read in part: “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 election 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 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.”
“Angered by her the pro-campaign posture, the Sani Abacha military junta was said to have ordered Mrs Kudirat Abiola’s assassination. 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.”
