Newswatch (Lagos)
Anza Philips, Abuja Bureau
1 December 2002
Murder of Dele Giwa, founding editor-in-chief of Newswatch re-echoes in court as Babangida's lawyers raise objections on several grounds
Many Nigerians who rushed to the Abuja High Court presided over by Justice Binta Murtala Nyako recently to listen to arguments from lawyers hired by former military president Ibrahim Babagida to stop implementation of the report of the Human Rights Violations Investigation Commission, HRVIC, presided over by Justice Chukwudifu Oputa went home disappointed. The matter was not heard.
Justice Nyako, the trial judge was reported to be indisposed. And no new date was announced for the case. The court case is the latest attempt, the third time, by IBB to save himself from the ghost of Dele Giwa, founding editor-in-chief of Newswatch magazine. It started on Tuesday, October 22, when IBB withdrew an earlier suit instituted against President Olusegun Obasanjo over the implementation of the report of Justice Chukwudifu Oputa Human Rights Violations Investigation Commission, HRVIC.
In its stead, he filed a fresh suit against the attorney-general of the federation, AGF, and the Inspector-General of Police, IGP. Babangida is asking the court for an order of certiorari to quash the report of the commission submitted to the federal government on May 28, which touched on matters affecting him.
Yahaya Mahmood, counsel to Babangida, who filed the case on his behalf said there were four grounds for his prayers, including the fact that the commission had no jurisdiction to investigate cases already concluded by the police, and cases where violation on human rights was not the issue.
Secondly, he said his client had absolute immunity as former president of the country.
Afe Babalola, SAN, counsel to the defendants, prayed the court to dismiss the suit in addition to an order stopping Babangida from instituting a similar case in court. He said it will amount to oppression and abuse of court process if the former president was allowed to withdraw the suit and later turn round to file a similar matter in court.
But Justice Binta Murtala Nyako was not swayed by this argument as in her ruling, she granted the request by Babangida and struck out the suit. She, however, awarded N2,000 cost against the former military leader.
Mahmood, counsel to both Babangida and Haliru Akilu, retired brigadier-general, and former security chief, had in June this year filed a motion on behalf of his clients asking for an injunction restraining Obasanjo, attorney-general of the federation and the secretary to the federal government of Nigeria from accepting and or considering the observations and recommendations of the commission pending the determination of the substantive suit.
In the suit, he prayed for an order of injunction restraining the defendants. Mohammed also prayed for an order of injunction restraining the defendants either by themselves, their agents or privies from implementing any recommendations, report or white paper arising from the report of the Oputa panel as they affect the plaintiff pending the hearing and the determination of the suit.
The plaintiff also said "if the defendants/respondents are not restrained they will continue to ignore the decision of the Court of Appeal and consider, approve and implement the conclusions, findings, recommendations of the third defendants and respondents. It will be in the interest of justice to restrain them and their agents, servants or privies from doing so."
Babangida's fear stems from the recommendations of the commission. While submitting its report to the federal government Tuesday, May 28,in Abuja , the commission recommended that compensation be given to the families of victims of gross human rights violations while unsolved cases, particularly the assassination of Dele Giwa, founding editor-in-chief of Newswatch magazine and Kudirat Abiola be re-opened.
Before the Oputa panel rounded up its sittings last year, Babangida and Akilu were specifically accused of complicity in the death of Dele Giwa, assassinated through a parcel bomb October 19, 1986 .
Gani Fawehinmi, SAN, and Newswatch Communications Limited filed petition numbers 416 and 537 before the Oputa panel accusing Babangida and Akilu of having a hand in Giwa's death. Babangida and Akilu were summoned to appear before the panel to defend themselves of the allegations.
Rather than appear, the duo, through their counsels questioned the powers of the commission to summon them. Instead, they asked that they be represented by their counsel. Oputa ruled that if they failed to appear, their counsel would not be heard.
Babangida and Akilu then filed a suit challenging the constitutionality of the commission at a Lagos Court of Appeal. The court adjudged the commission unconstitutional. The issue before the court was the constitutionality of sections 5©, 10, 11(1)b, 11(3), 11(4) and 12 of the Tribunal of Inquiry Act 1966 under which the president said he derived his powers to appoint the Oputa commission.
The commission which was inaugurated June 4, 1999 , was mandated to "ascertain the causes, nature and extent of all gross violations of human rights in Nigeria between January 15, 1966 , and May 28, 1999 .
It had invited former Nigerian military leaders-Muhammadu Buhari, Babangida and Abdulsalami Abubakar to appear and answer various charges of human rights abuses during their reign. None of them honoured the invitations. Obasanjo appeared twice to defend himself of human rights abuses while he was military leader between 1976 and 1979.
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