Falana Assembles Legal Team to Challenge IBB Over Detention and June 12 Election Controversy
Prominent human rights lawyer, Femi Falana, SAN, has vowed to take legal action against former military leader, General Ibrahim Babangida (retd.), for what he describes as his “malicious” detention during Babangida’s regime. Falana, who was detained alongside the late Chief Gani Fawehinmi (SAN) and three others, is seeking justice for their wrongful prosecution following their opposition to the annulment of the 1993 presidential election won by Chief Moshood Kashimawo Olawale (MKO) Abiola.
Appearing on Channels TV, Falana revealed that the group faced persecution for their protests against the annulment of the election. He emphasized that the charges, trial, and detention were all part of a deliberate effort to silence opposition. In light of this, Falana has now assembled a legal team to seek redress for the injustice they endured.
He expressed disbelief that, more than three decades later, Babangida admitted to regretting the annulment, despite the harm it caused to Nigeria’s democratic process. Falana recalled the events of 1993, when he and his colleagues were taken to court on charges of treasonable felony, a charge they strongly contested.
Having no access to legal representation at the time, Falana and the late Fawehinmi were forced to defend themselves and their colleagues. Falana reiterated that Babangida’s actions have had lasting consequences on the country’s democratic development, and he now intends to pursue legal action for the wrongful prosecution.
During the trial, Falana recalled how Fawehinmi confronted the Chief Magistrate, Mallam Bulama, stating that it was Babangida and his associates who should have been standing trial for treason, given their role in overthrowing a democratically elected government in 1983. Falana also pointed out that, according to the law, a person could only be charged with treason if they sought to remove a sitting president during their term through unconstitutional means—something he argued didn’t apply to him as Babangida had no fixed term of office.
Ultimately, the case was dismissed, and Falana was granted bail. However, he emphasized that Babangida’s regime couldn’t withstand further legal proceedings, and the case was quietly dropped to avoid a full trial of the military junta.
Now, Falana has made it clear that he will challenge the “malicious prosecution” he and his colleagues faced. He believes that Babangida’s recent admission that Abiola had indeed won the election and that the postponement of the transition program was unjustified undermines the basis for their prosecution.
“Now that Babangida has admitted there was no reason for our prosecution, we are taking action. It was a malicious prosecution, and our human rights were grossly violated,” Falana said. He emphasized the infringement on his right to liberty, freedom of movement, and the right to participate in the democratic process as guaranteed by international human rights law, specifically Article 13 of the African Charter on Human Rights.
Falana also referred to a court ruling in a case involving the Republic of Benin, which clarified that serious human rights violations are not subject to statutes of limitations, thus reinforcing his case for seeking justice despite the years that have passed.
