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In what appears to be a firm pronouncement on Nigeria’s judicial system, former head of state, General Abdusalami Abubakar lost a major court battle over his culpability in the death of Chief M.K.O Abiola and torture of pro-democracy activists as a member of the military hierarchy in Nigeria. In a judgment issued yesterday in the United States District Court for the Northern District of Illinois Eastern Division by Judge Mathew Kennely, General Abubakar who had argued through his attorney that Nigeria’s judicial system had sufficient remedy to rectify the complaints of the plaintiffs, has lost yet another legal battle to stop his impending trial for human rights abuses in the US. He will now go to trial accordingly.

Lawyer to Chief Anthony Enahoro, Hafsat Abiola and Arthur Nwankwo, Mr. Kayode Oladele said he now looks forward to deposing General Abubakar in the US. Saharareporters could not reach the lawyer to General Abubakar, E.C Ugwonye as his voicemail was not receiving messages as at press time.

The case which had dragged on since 2001 when General Abubakar was served with summons from the Illinois court as he launched his defunct “Abubakar Lecture Series” at the Chicago State University is now a serious source of anxiety for both General Abubakar and his cousin, General Ibrahim Babangida who had closely watched the case become a monster of sort to the ‘Minna generals’ as they are both known.

 IBB’s anxiety stems directly from moves being perfected by human rights activists in African to bring a universal human rights lawsuit against him so that he can answer to charges pertaining to the death of foremost journalist Dele Giwa who was killed through a letter bomb. A civil society source in Lagos confirmed to Saharareporters the Abubakar legal woes in the US is necessary as a precedent to bring IBB to justice before the International Criminal Court over his well documented widespread abuses of human rights during his eight-year tenure as the military president in Nigeria.

In the Abubakar v Abiola  Case No. 02 C 6093, the judge ruled after expert testimonies were offered by two Nigerian lawyers over the suitability of the judicial system to adjudicate effectively at the local level concluding that General Abubakar’s alibi doesn’t hold water and therefore his bid to stop the trial was nullified accordingly . The plaintiffs had invited human rights activist and West African Bar Association president Femi Falana as an expert witness while the defendants called a commercial lawyer, Mr. Bayo Adaralegbe as expert witness. The judge concluded that based upon US country reports and expert opinions, the Nigerian judicial system which is rife with corruption and under funding was incapable of offering needed remedy to the plaintiffs, in particular he relied upon a 2005 US State Department report which stated as follows:

Although the law provides for an independent judiciary, the judicial branch remained susceptible to executive and legislative branch pressure. Political leaders influenced the judiciary, particularly at the state and local levels. Understaffing, under funding inefficiency, and corruption continued to prevent the judiciary from functioning adequately. Citizens encountered long delays and frequent requests from judicial officials for small bribes to expedite cases.

This defeat for General Abubakar follows a similar US Supreme Court decision recently in which the US Supreme Court panel via a tele-conference flatly refused to rule on an application brought by General Abubakar on the question of immunity, the US Supreme Court therefore referred the case back to the Illinois court for trial.

The court ruled that, on the evidence presented to it, the plaintiffs have satisfied their burden of proving that Nigeria did not and does not provide them an adequate forum for their lawsuit. The case is set for a status hearing on July 13, 2006 at 9:30 a.m.

Robot  # 1 | 28.06.2006 23:31

In what appears to be a firm pronouncement on ...Read the full article.

CHIDI  # 2 | 29.06.2006 00:44

The Evils That Men Do! A Daniel Has Come To The Judgment.

Oghre  # 3 | 29.06.2006 03:24

Good, soon it will be the turn of Babangida, Buhari, Obasanjo and many others

salstep  # 4 | 29.06.2006 08:44

What did Buhari do? I don't recall any human right violation during his short time in office. Ok, some drug smugglers got death by firing squad. But that is not a violation.

Fjord  # 5 | 29.06.2006 09:09

What did Buhari do? I don't recall any human right violation during his short time in office. Ok, some drug smugglers got death by firing squad. But that is not a violation. Well, that's debatable; except that the law was retroactive; and Nigerians were treated to the special event of watching the three men shot on NTA. And since the issue in this case is torture, it's a good bet there'll be more than enough samples. "Conclusion: On the evidence presented to this court, the plaintiffs have satisfied their burden of proving that Nigeria did not and does not provide them an adequate forum for their lawsuit..." Not a few lawyers and judges will agree with that. .

Ednut  # 6 | 29.06.2006 12:38

salstep Villager Re: .Breaking News: General Abubakar loses again, US Court Rules Nigeria judicial system can’t guarantee -------------------------------------------------------------------------------- What did Buhari do? I don't recall any human right violation during his short time in office. Ok, some drug smugglers got death by firing squad. But that is not a violation. Those people you call drug smugglers had name (one was Azubuike Owoh), family and friends and I believe their murder was illegal according to Nigerian law. I understood that at the same period, Idiagbon and his son were also caught smuggling stuff into Nigeria but were never even jailed for that offence.

Saki  # 7 | 29.06.2006 12:53

Ednut, I hate Idiagbon for being strict to a fault, but he had to be in that Country of ours. That he was a drug smuggler? Please elaborate o.

wolvrine  # 8 | 29.06.2006 13:54

You know, i'm a bit ambivalent about this news. It's tempting to rejoice that men are being forced to face their sins. However, first off, the General in question is not the worst offender, not by far. Others much worse are still walking free. Then, to me it poses a threat to Naija's sovereignty and smacks of more than a little bit of contempt. First Alams, then we tamely handed over Charles Taylor, we've already complied on the issue of Bakassi... the list grows. I think Nigeria should be careful b4 foreigners decide to run our affairs more overtly than their doing at the moment. Let's preserve our dignity. I believe it would be better for our leaders to be tried by us, and the Western world should hands off until we (hopefully) come of age to do it ourselves. I don't like it that it's onyibos bringing him to book. Sound naive? Mebbe, but I would not allow a stranger spank my child outside my home.

otito  # 9 | 29.06.2006 16:23

=Oghre>Good, soon it will be the turn of Babangida, Buhari, Obasanjo and many others Right!!!! As much as these people deserve to account for their deeds; what does it say about us Africans when our leaders become common criminals in other countries - not even the "almighty Americans” who wouldn't want even their ordinary soldiers to be tried in their own "arrangie paddy paddy world court". . Colonialism and imperialism by the back door. Can they tell us: Who connived with these leaders to commit the atrocities they committed? Who connived with the person they are supposed to have killed to bleed our nation dry when most of our people cannot afford one meal a day? Hope we do not fall asleep when the whole world know that there is a "cannonball run" (treasure hunt) for the soul and spirit of Africa; even more so Nigeria. Where we now see as motherland is seen by the west as future holiday joint adorned with beauty. You Know - “gba lowo re; Ko mo o lo” (collect the land from them; they do not know the use of it). All those Billionaire philanthropists who have sworn to, and gained from the perpetual destruction of our people are now queuing up to be seen as donating money to help the poor in Africa when they are the ones gaining from the genocide and extermination of our people – you know the multi nationals especially the oil and pharmaceutical big boys. Globalisation, privatisation; and all the other “sations”, they are meant for societies with sound governmental structures; what is helping other nations to advance is now bleeding our own nation dry. How do we explain having $34 billion dollars foreign receive but the people are still starving to death? The ordinary Nigerian cannot point to any great institution in our country and say “that is ours”: Our universities are on par with some secondary schools in West (May be that is done to make the likes of the strongman in Ibadan, be addressed as a semi literate politicians). Judgement is at the door, here on earth (we will see with “our two koro koro eyes” but it will not be carried out by the Americans: But from The One above, whose throne is made of justice and truth. Until then it will be hard for these leaders to stop making mince meat of our rights as Africans to be a people to be reckoned with in the world. OTITO

Okolo  # 10 | 29.06.2006 20:32

Foreigners already play an outsize role in Nigeria's political and economic life. They will continue to do so until we wake up. In the meantime, let the generals answer for their sins.

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