The trio of Khafila, Miriam and Hadi, all, children of the late politician, Chief MKO Abiola, have approached the ECOWAS Court of Justice in Abuja, to seek redress over alleged unlawful killing of their mother, Kudirat, by Nigerian authorities.
They sued the government on behalf of themselves and the other children of Kudirat.
In the suit number ECW/CCJ/APP/62/2022 filed on their behalf 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.”
The Plaintiffs are asking the court to declare 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.
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, 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 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 then.”
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