Falana Assembles Legal Team To Sue Babangida Over 1993 Detention And Trial

Prominent human rights lawyer Femi Falana, SAN, has announced plans to initiate legal action against former military ruler General Ibrahim Babangida (retd.) over what he describes as his malicious detention and prosecution during the 1993 pro-democracy struggle.

Speaking on Channels TV on Tuesday, Falana revealed that he, alongside the late Chief Gani Fawehinmi (SAN) and three others, were arrested, detained, and prosecuted for opposing the annulment of the June 12, 1993, presidential election, which was won by Chief Moshood Kashimawo Olawale (MKO) Abiola.

Falana described their detention and trial as deliberate persecution, emphasizing that he has now assembled a legal team to seek redress. He lamented that, 32 years later, Babangida has admitted to regretting the annulment of the election.

“Babangida deliberately nullified the election results and arrested, detained, and paraded us as criminals,” Falana stated.

Recalling the events of 1993, Falana detailed how they were taken to the Gwagwalada Chief Magistrate Court and charged with treasonable felony, despite not having access to legal representation. He and Chief Fawehinmi were forced to defend themselves in court.

Falana recounted how they used their court appearances to challenge the military regime.

“Even though we were asking for bail, we turned our arraignment into the trial of the junta,” Falana said.

According to him, Chief Fawehinmi told the presiding judge, Chief Magistrate Mallam Bulama, that those truly guilty of treason were Babangida and his military associates, who had overthrown a democratically elected government on December 31, 1983.

“The law states that anyone who forms an intention to remove a president from office outside constitutional means is guilty. I told the judge, ‘My lord, the man calling himself my president has no fixed term of office. So, I couldn’t have been brought here.’”

After two weeks, the judge granted bail at N20,000 with one surety, but the military regime failed to pursue the case further.

“They couldn’t go back to court because they knew we would turn it into a full trial against Babangida. So, they simply ran away,” Falana said, adding that the case was eventually struck out.

Falana now argues that Babangida’s recent admission—that Abiola won the election and that the annulment was unjustified—proves that his and his colleagues’ prosecution was baseless and malicious.

“There was no legal basis for our prosecution. It was purely malicious. Massive human rights violations took place. We were detained, denied freedom, and stripped of our right to protest for democracy.”

He further cited Article 13 of the African Charter on Human Rights, emphasizing that Babangida’s admission has revived the case, making it necessary to seek justice and accountability.

Falana referenced a ruling by the Abuja court in his case against the Republic of Benin, which initially stated that human rights violations could not be pursued after three years. However, he noted that recent jurisprudence, such as in the Federation of Journalists vs. The Gambia, has set a new precedent—serious human rights violations have no statute of limitations.

“This case is not just about me; it is about justice and accountability for the grave abuses of Nigeria’s past. The fight continues.”

With his legal team assembled, Falana is now taking the fight to court to challenge the violations suffered during the military dictatorship of General Babangida.