Leon Usigbe & Lemmy Ughegbe
13 June 2002
FORMER military ruler, Gen. Ibrahim Babangida declared yesterday that he went to court to stop the implementation of the Oputa panel report because the death of Dele Giwa over which he was summoned had been politicised.
Lagos lawyer, Chief Gani Fawehinmi who is the vanguard of agitation of trial of the Head of State over Giwa's death has, however, welcomed the Oputa panel's recommendation that the case of Giwa's death be re-opened, and prayed a federal high court in Abuja to recommend Gen. Babangida and two of his erstwhile security chiefs for trial over the murder.
The security chiefs are Brig.-Gen. Halilu Akilu and Kunle Togun (both retired).
Speaking through his counsel, Mr. Yahaya Mahmood at a press conference in Kaduna yesterday, Gen. Babangida alleged that those playing politics with the death of the founding Editor-In-Chief of Newswatch Magazine knew those who killed him.
According to him, such people were trying to divert attention, having already succeeded in destroying the investigations. He said: "There was fear and suspicion from the beginning that Oputa was not like the Truth and Reconciliation Commission of South Africa. Oputa was set up for political reasons to clear some people and get others.
"Gen. Babangida was advised that the setting up of the panel was unconstitutional and certain sections 9(c), 10, 11 (1) (b), 11 (3), 11 (4) and 12 of the Tribunals of Inquiry Act contravened the 1999 constitution.
"This was confirmed by the Court of Appeal sitting in Lagos and there is a pending appeal to the Supreme Court.
"Oputa panel was aware of the pendency of the suit, the appeal and the further appeal to the Supreme Court.
"The witnesses which Chief Gani Fawehinmi listed did not all testify. They were not cross-examined because the panel insisted that if they do not personally appear, their counsel will not be allowed to cross-examine the witnesses.
"Even then, if the panel had taken the pains and have been patient enough to summon all the witnesses, go through the evidence and the exhibits thoroughly and allow for the witnesses to be examined, they wouldn't recommend anything against Gen. Babangida or the two service chiefs.
"Gen. Babangida and Brig. Akilu have a right to go to the court and challenge the unconstitutional act of the panel.
"We believe those playing politics with the murder of Delta Giwa know those who killed him and they are doing all they have been doing to divert attention.
"They have succeeded in destroying the investigations. Again, there are others using the case because they have nothing else against my clients," the counsel alleged.
lGani wants court to trial IBB, others
However, Lagos lawyer, Chief Gani Fawehinmi (SAN) yesterday prayed a federal high court in Abuja to recommend Gen. Ibrahim Babangida, Brig.-Gen. Halilu Akilu and Col. A. K. Togun for criminal prosecution over the murder of founding Editor-In-Chief of Newswatch, Mr. Dele Giwa. Fawehinmi made the prayer in a motion seeking to be joined as a party in a suit No. FHC/ABJ/CS/182/2002 instituted by Babangida, and Halilu Akilu (plaintiffs) against President Obasanjo and HRVIC.
He also prayed the court to recommend the payment by Babangida, Akilu and Togun of N2 billion as compensation to the mother, wife, children and other dependants and relatives of Dele Giwa for his murder.
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