The children of Kudirat Abiola, wife of MKO Abiola, presumed
winner of the June 12, 1993 presidential election, have filed a suit against
the federal government over “failure to protect” their mother.
Khafila Abiola, Moriam Abiola, and Hadi Abiola are suing for
themselves and on behalf of the other children of Kudirat.
In a suit marked ECW/CCJ/APP/62/2022, filed before the
ECOWAS court of justice in Abuja on their behalf by their lawyer, Femi Falana,
the children are challenging the “violation of the fundamental human rights to
life and dignity of human person of the late Mrs Abiola”.
They argued that “the failure or refusal of the defendant to
protect the life of late Alhaja Kudirat Abiola in the republic of Nigeria
amounts to a violation of Articles 1,4,5,18 and 23 of the African Charter”.
“The combined effect of the said provisions of the African
Charter and the Constitution of Federal Republic of Nigeria is that states will
be held responsible if they fail to act with due diligence to prevent
violations of the rights or actively involved act which amounts to the
violation of the plaintiff right (as in this case), and for providing adequate
compensation,” the plaintiffs argued.
“Under the combined provisions of Articles 1, 4, and 5 of
the African Charter on Human and Peoples’ Rights to which the federal republic
of Nigeria is a signatory, the respondent has infringed on the right of the
deceased to life, dignity of her person and security.”
The plaintiffs are seeking “a declaration that the killing
of Mrs. Kudirat Abiola by the armed agents of the defendant in Lagos on June 4,
1996 is a violation of her rights to life and dignity guaranteed by articles 4
and 5 of the African Charter on Human and Peoples’ Rights and articles”.
They are also asking the court to make a declaration “that
the refusal of the defendant to charge Sergeant Barnabas Jebila (a.k.a.
Rogers), Mohammed Abdul (a.k.a Katako), and Aminu Mohammed Sergeant Barnabas
Jebila with murder for the brutal killing of Mrs. Kudirat Abiola in Lagos on
June 4, 1996 is a violation of her rights to life and dignity guaranteed by
articles 4 and 5 of the African Charter on Human and Peoples’ Rights and
articles”.
They also want the court to make an order “directing the
defendant to charge Sergeant Barnabas Jebila (a.k.a. Rogers) Mohammed Abdul
(a.k.a Katako) and Aminu Mohammed with murder for the brutal killing of Mrs
Kudirat Abiola in Lagos on June 4, 1996”.
Also contained in the suit is the request for the court to
direct the defendant “to pay the sum of $10 million to the applicants as
compensation for the unlawful killing of Alhaja Kudirat Abiola”.
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