LAGOS — Human rights lawyer, Mr Femi Falana, SAN, has called on the Federal Government to reopen investigations into the circumstances surrounding the death of the late Chief Moshood Kashimawo Olawale (M.K.O.) Abiola while in government custody in 1998.
Falana, who represented the Abiola family before the Oputa Panel on Human Rights Abuse, said a fresh investigation was necessary to establish the circumstances surrounding Abiola’s death and address unresolved questions raised by evidence presented before the panel.
Abiola who was widely recognised as the winner of the June 12, 1993 presidential election, declared himself president on June 12, 1994. He was subsequently arrested by the military government of General Sani Abacha and detained after being charged with treasonable felony.
Disclosing this in a statement he personally sent to Vanguard, Falana opined Abiola remained in custody for about four years and was subjected to prolonged detention despite concerns about his health.
He recalled that Archbishop Desmond Tutu, who visited Nigeria in April 1998, had expressed concern about Abiola’s deteriorating health and called for his release to enable him to receive appropriate medical attention.
According to Falana, the death of General Abacha on June 8, 1998, led to the emergence of General Abdulsalami Abubakar as Head of State, but Abiola was not released despite the release of several political prisoners.
Abiola died on July 7, 1998, shortly after meeting a visiting American delegation.
Falana said the circumstances surrounding the death were subsequently examined by the Oputa Panel, established by the Olusegun Obasanjo administration to investigate human rights abuses committed during the years of military rule.
He noted that Abubakar declined to appear before the panel to explain his role in the events surrounding Abiola’s detention and death.
Falana also referred to Abubakar’s recently published autobiography, Call of Duty, in which the former military leader rejected allegations that Abiola was poisoned, relying on an autopsy by foreign pathologists which reportedly attributed the death to natural causes.
However, Falana argued that the medical evidence did not resolve questions surrounding Abiola’s treatment while in detention.
He cited the account of Susan Rice, who was part of the American delegation that met Abiola shortly before his death, saying she had observed signs of ill health during the meeting.
Falana also referred to evidence before the Oputa Panel concerning the circumstances under which tea was served to Abiola during the meeting with the American delegation.
He said ACP Zadok, who had been responsible for Abiola’s security between 1996 and 1998, testified that he routinely tasted food, water or tea prepared for Abiola before it was served to him.
According to Falana, Zadok told the panel that he was removed from his duty post on the day of the American delegation’s visit.
He further said Major A.S. Aliyu, who was then Chief Security Officer to the Head of State, confirmed before the panel that Rice served tea to Abiola without tasting it.
Falana said the evidence presented before the panel raised questions about the security arrangements surrounding the visit and the circumstances of Abiola’s death.
He also cited the memoir of former United Nations Secretary-General Kofi Annan, who reportedly acknowledged that Abiola had been denied adequate medical care throughout his incarceration.
According to Falana, Annan also disclosed that he had urged Abubakar to release Abiola, but that the military government wanted him to abandon his claim to the presidency as a condition for his release.
Falana said the Oputa Panel, after reviewing the evidence before it, concluded that the government of the time knew more about the circumstances surrounding Abiola’s death than it had admitted.
The panel, he noted, also concluded that Abiola’s death was linked to his incarceration and denial of adequate medical attention, while describing the circumstances of his death as suspicious.
Falana quoted the panel as recommending a thorough investigation to establish what caused Abiola’s death.
He said the recommendation remained relevant, particularly in view of the continuing disagreements over the circumstances surrounding the death.
“Chief Moshood Abiola’s death was the result of his incarceration and the denial of access to adequate medical attention,” Falana quoted the panel as stating.
The lawyer said the Federal Government should act on the panel’s recommendation and reopen the investigation.
He argued that such an investigation would help clarify unresolved questions surrounding Abiola’s death and provide Nigerians with a definitive account of what happened to him while in government custody.
“Thus, the Oputa Panel came to the conclusion that Chief Moshood Abiola’s death was the result of his incarceration and the denial of access to adequate medical attention,” Falana said.
“In view of the denial of Abubakar and the members of the American delegation of any involvement in the suspicious death of Abiola, the Federal Government should, without any further delay, reopen investigation into the case.”
Falana said a fresh investigation would, as recommended by the Oputa Panel, “throw light to and inform the Nigerian people on what killed Chief Moshood Abiola” while in the custody of the Abubakar military government.
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