THE Federal Government has appointed fiery Lagos lawyer, Chief Gani Fawehinmi (SAN) as lead counsel to defend it in a suit instituted by former military president, General Ibrahim Babangida to stop the government from publishing the reports of the Human Rights Violations Investigation Commission (HVRIC), on slain founding editor-in-chief of Newswatch magazine Mr. Dele Giwa.

But Chief Fawehinmi is yet to accept the offer.

Gen. Babangida and two of his security chiefs Brig-Gen. Halilu Akilu and Col. A. K. Togun, went to an Abuja High court recently seeking an injunction, restraining President Obasanjo, the Attorney-General or any of his representatives from "considering or accepting the observations and recommendations of the human rights commission on Dele Giwa.

They also sought an injunction restraining the federal government from issuing any white paper on the commission's recommendations.

It would be recalled that Chief Gani Fawehinmi had petitioned the Justice Chukwudifu Oputa-led Human Rights Commission, accusing the former military president and two of his security chiefs of being responsible for the assassination of founding editor-in-chief of Newswatch magazine, late Dele Giwa.

Late Giwa was murdered at his Opebi, Lagos home through a parcel bomb, which reportedly bore the insignia of the presidency and marked "from the C-in-C".

Chief Fawehinmi shortly after the assassination of Dele Giwa whom he called his friend instituted about 38 cases in court and appeared before not fewer than 30 judges on more than 214 occasions over the matter.

His efforts to privately prosecute the former military president, Gen. Babangida and two of his security chiefs proved abortive.

But at the inception of President Obasanjo's administration, the Human Rights Violations Commission was set up to look into cases of human rights violations between January 1966 and May 1999, and proffer suggestions on how to prevent recurrence to which Chief Gani Fawehinmi responded by filing a petition to reopen the case of late Dele Giwa.

The management of the Newswatch magazine also filed a separate petition, accusing the trio of Gen. Babangida, Akilu and Togun of allegedly being responsible for the murder of late Giwa.

But when the two petitions were heard by the human rights commission all the respondents in the matter did not show up.

They all got court injunctions restraining the commission from compelling them to appear and give evidence before it.

Notwithstanding their refusal to appear before the commission, both petitions by Chief Gani Fawehinmi and the management of the Newswatch magazines were heard. Although it is not clear what the recommendation on both petitions were, yet the Tell Magazine of last week exclusively reported that Gen. Babangida, and two of his security chiefs were indicted.

But before the Federal Government could take any decision on the recommendations of the commission which were said to be in 8 volumes, all the allegedly indicated persons in the Dele Giwa murder petition also were in court to stop the Federal Government from acting on the commission's recommendation.

Although hearing was yet to commence in the matter, the federal government last week approached Chief Gani Fawehinmi (SAN) to lead its defence team.

In a letter by the Attorney-General of the Federation, Chief Kanu Agabi (SAN) to Chief Fawehinmi (SAN) dated June 12, 2002, the federal government asked the radical Lagos lawyer to act as lead counsel in the matter.

The letter reads: "I write to inform you that the federal government of Nigeria has appointed you as the lead counsel to defend the above named suit. My office will discuss the details of the appointment with you.

Please indicate early your acceptance of this brief to enable us forward the available court processes to you.

Please accept the assurances of my highest esteem and consideration".

Replying, Chief Gani gave two conditions on which he would agree to serve on the defence team, without collecting a kobo as professional fees.

His letter dated June 15, this year reads: "I thank you for your letter dated 12th June, 2002, instructing me to act as a lead counsel for the federal government of Nigeria as defendants in the above suit brought by General Ibrahim Badamasi Babangida and another in respect of the recommendation of human rights violations investigation commission (otherwise called Oputa panel).

To enable me consider whether or not to accept the brief, I will like the following conditions to be fulfilled:

lA copy of the commission's recommendation on my petition No. 416, which originated the investigation by the commission into the assassination of Mr. Dele Giwa should be made available to me on receipt of this letter.

lAn undertaking by the presidency or the attorney-general of the federation that the federal government of Nigeria is committed to the acceptance and implementation of the recommendation of Oputa panel on Dele Giwa.

If the above two conditions are satisfied, I will be prepared to act as a lead counsel for the federal government without charging or taking any professional fee or legal cost whatsoever.

I have been fighting the battle to bring to justice the murderers of Dele Giwa since October 19, 1986.

I hope there is a light at the end of the tunnel if the government of President Olusegun Obasanjo will show sincerity and commitment to the Justice, which the Nigerian society and the victim (Dele Giwa) seriously demand.

I look forward to hearing from you soonest".