The News (Lagos)
Sylvester Asoya
1 January 2001
Lagos — The Justice Chukwuduifu Oputa Human Rights Violations Investigation Commission's sitting in Lagos was without doubt the most important in its work. After an initial lull following its set up, the commission's sitting in Lagos grabbed the attention of Nigerians, as much by the calibre of the petitioners and witnesses it attracted, as by the conduct and testimonies of those who appeared before it.
Before any witness gave evidence, he was required to swear to tell the truth and nothing but the truth. Indeed, more than even at the law courts where by conventional practice, a little lie and some technicalities carefully manipulated by a counsel may be allowed to turn a case in a plaintiff's or defendant's favour, the Oputa commission's foundation is supposed to be the truth. But the truth was the commodity that was the most scarce at the Lagos sitting . Indeed, most of the petitioners seemed set on a deliberate course to hoard it and by implication, subvert the commission.
By far the most interesting witness the commission called was Major Al-Mustapha, the former chief security officer to the late head of state, General Sani Abacha . After sufficiently whetting appetites by declaring he would give evidence that would 'shake' Nigeria, Al-Mustapha set on what many have described as a sesame of half-truths and outright lies laced with astute manipulation of the gallery of spectators who, so taken in by him on occasions actually gave him standing ovations.
The most contentious of Mustapha's testimonies involved the two gladiators of the Abacha era during which most of the crimes and human rights abuses under probe were committed - General Abacha himself and Chief M.K.O. Abiola. Led in evidence, Mustapha has maintained that he carried out his duty of providing security for the head of state and his family as a professional soldier would. Beyond that, he narrowly defined state security as the removal of all threats to the life and government of the head of state . Some of the threats that needed 'removal' by his own admission, were malcontent politicians, journalists and civil rights activists. The most prominent of this group, was Chief Abiola, whose refusal to give up the 12 June 1993 presidential mandate made Abacha to hold him in solitary confinement where he eventually died.
Mustapha confessed in one breath, an unshakable love for Abacha and his policies, including by implication, the incarceration of Abiola. Yet, in another breath, he said he loved Abiola like a father. Yet, when Abacha died, and he and General Ibrahim Sabo, then Director of Military Intelligence as they say, discovered a plot by General Ishaya Bamaiyi to kill Abacha, Mustapha, analysts have pointed out, refused to seize the moment to set his captive 'father' free. Instead, 'for his own safety' he moved Abiola from one detention camp to the other.
Mustapha also said that were it not for his love for Nigeria and his professionalism, he would have taken advantage of the brief vacuum occasioned by Gen. Abacha's mysterious death to take over the reins of power. To buttress his claim, he told the commission that several obas called on him to seize power. He never revealed their identities.
Nigerians also eagerly awaited the 'shocking revelations' on the causes of death and killers of Chief Abiola and Gen. Abacha. Mustapha promised to show a video recording at the commission. When his evidence was played, it was found to contain 'The Day of the Jackal, a movie on a plot to assassinate a French President. Asked to explain the hoax, Al-Mustapha could only say the film was a reminder.
Similarly, on the nature of deaths of Abacha and Abiola, rather than the direct, incontrovertible evidence that he promised to provide, Al-Mustapha could only vaguely point in the direction of General Abdulsalami Abubakar who stepped in as head of state, following Abacha's death.
Another issue that generated sufficient controversy and pointers to the fact that less than the whole truth was told at the commission, was the 1997 alleged coup plot to topple Abacha. Central to the plot and testimonies, was General Oladipo Diya, who was Chief of General Staff under Abacha. Diya consistently maintained that he never plotted a coup, that Bamaiyi led a few officers to entrap him so as to get rid of him. He squared up to Yakubu Makyau, Bamaiyi's counsel who tendered a copy of the infamous coup video showing Diya, kneeling and pleading with Abacha and then breaking down in tears, with Abacha imperiously handing him tissues to wipe his face. Diya consistently maintained that he had only cried three times in his adult life. He refused to accept he cried before Abacha, but conceded later, that "even Jesus also wept."
Apart from the dramatic video, confronting Diya on all fronts, were the testimonies of his chief security officer, Major Seun Fadipe, who insisted that his boss actually plotted a bloody coup. General Abdulkareem Adisa who was convicted on the same offence, contradicted his public statements prior to his appearing before the commission, to admit that they indeed plotted the overthrowing of Abacha.
Mustapha, Generals Bamaiyi and Patrick Aziza also insisted that Diya plotted a coup. General Victor Malu who sentenced him along with others, said based on the evidence at his disposal, he would do so all over again.
The most consistent strains in all the submissions at the commission, were lies and denials. Given the ease the petitioners and defendants changed their stories or stuck to them in spite of overwhelming evidence to the contrary, the commission may find it has a Herculean task, attempting to get the men who starred in the tragedy of Nigeria to own up and thus set the ball rolling for genuine restitution and reconciliation. However, the unclear demarcations of the boundaries of the commission may not have helped matters. The defendants, some of who have cases already instituted against them in civil courts, may be afraid that the evidence and leads they provide before Justice Oputa may be detrimental to them, in the long run.
In January, the commission hopes to start another round of sittings that will take it to Abuja and Port Harcourt. There, much of the same cast of lying and self-glorifying witnesses would be called to give or amplify on their testimonies.
But with a shaky foundation of half truths and outright lies, the Oputa commission seems doomed from the very beginning.
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