Falana to Challenge ‘Malicious’ Detention Under Babangida’s Regime
Renowned human rights lawyer, Femi Falana, SAN, has vowed to legally challenge his detention and prosecution alongside the late Chief Gani Fawehinmi (SAN) and three others during the military regime of General Ibrahim Babangida (retd.)
Speaking on Channels TV on Tuesday, Falana revealed that they were arrested and tried for opposing the annulment of the June 12, 1993, presidential election won by Chief Moshood Kashimawo Olawale (MKO) Abiola.
He described their detention, trial, and persecution as a deliberate political attack, adding that he has now assembled a legal team to seek redress for wrongful prosecution.
Babangida’s Regret Over June 12 Annulment
Falana lamented that 32 years after the annulment, Babangida has admitted to regretting his decision, further proving that their persecution was unjust.
“Babangida deliberately nullified the election results, arrested us, detained us, charged us, and paraded us as criminals,” he said.
Recalling the events of 1993, Falana narrated how he and his colleagues were taken to the Gwagwalada Chief Magistrate Court and charged with treasonable felony. Since they had no access to legal representation, he and Fawehinmi defended themselves in court.
He accused Babangida’s actions of having long-term consequences on Nigeria’s democracy, stressing that it is time to challenge the injustice.
How They Turned Their Trial Against Babangida
Falana recalled that during their court proceedings, they used the platform to indict Babangida’s junta.
“Chief Fawehinmi told the judge that the real people who should be in the dock were those in the Villa, led by General Babangida, because they had overthrown a democratically elected government on December 31, 1983,” he said.
He added that when he took the stand, he told the judge that the section of the Criminal Code Act they were charged under did not apply because Babangida had no fixed term of office as president.
“My Lord, the man calling himself my president has no fixed term of office. So, I couldn’t have been brought here,” he argued.
Following the heated trial, the judge granted them bail two weeks later for N20,000 and one surety.
Babangida’s Government Abandoned the Case
Falana further stated that Babangida’s regime was afraid of further court proceedings, fearing that they would expose more injustices.
“They couldn’t go back to court, so we wouldn’t turn the trial into a full-blown indictment of General Babangida and others. So, they simply ran away, and the case was struck out,” he revealed.
Now, Falana is determined to challenge their malicious prosecution.
“I have assembled a team of lawyers. They are reviewing the case because Babangida has now admitted that there was no basis for our prosecution. He now says Abiola won the election, which was the basis of our protest,” Falana stated.
Human Rights Violations Cannot Expire
The lawyer further argued that his detention at Kuje Prison was a violation of his human rights, citing Article 13 of the African Charter on Human Rights.
He also noted that while some legal jurisdictions set a three-year limit on human rights cases, recent rulings—such as the Federation of Journalists vs. Gambia case—have established that serious human rights abuses have no statute of limitation.
“Once you are talking about serious human rights abuses, the statute of limitation does not apply,” Falana concluded.
