When someone is accorded a particular respect, he must have deserved it by action rather than words. General Ibrahim Babangida now positions himself as an advocate of democracy and wants to be president. Can democratic governance, which was won from him with blood be freely given back to him? Babangida's records show he has little value for democracy and civil rights.
He is no doubt only pretending his way back to power. If he becomes a civilian president, he will be so stiffled by the rules of democracy that he must quickly go back to being himself - the unrepentant dictator. Even as a military ruler, with all power centralized in his hands, Babangida could not stand opposition and the rule of law. Records indicate Babangida is the worst of all the heavy-handed rulers that have managed Nigeria.To illustrate this point, let's consider the case of Gani Fawehinmi, the conscience of the nation.
The Evil Genius, in his lighter mood, once declared that if there was anyone he had any respect for, it was Gani Fawehinmi. These were Babangida's own words: "If there is one man I respect, it is Gani, it sounds strange. I appreciate you that you have a strong conviction and fight for it consistently. This is the context in which I see Gani. I was a consistent ?evil? and he was ... a dogged fighter and I respect him for this. Infact there are three of them I respect like that. They are Gani, late (Professor) Awojobi and Dr. Yusuf Bala Usman. None of them says anything without doing his homework first."
In records taken between 1969 and date, againstbabangida's analysis shows that the human rights crusader famously referred to as 'Gani' has suffered more in the hands IBB than any other dictator or government in Nigeria.
Gani's house had been searched 16 times, of which eight took place under Babangida's regime.
The crusader had been detained 31 times, and 17 were ordered during Babangida's regime.
His international passport had been seized 10 times, of which four occured during the Babangida years.
Then, let's look at the statistics on Gani's criminal charges at the courts. Of the 13 charges on record, nine of them were during the Babangida regime. Even the sadist authoritarian regime of General Sani Abacha treated Gani better.
Look at the record:
Obasanjo - During the students demonstration for free education in 1978, Gani championed the cause of the students and converted his Chambers in Surulere, Lagos, to the National headquarters of the National Union of Nigerian Students (NUNS) after it was banned in 1978 by the General Obasanjo military regime. Gani was arrested and charged with various criminal offences. Gani was discharged and acquitted on all counts by Chief Magistrate Moni Fafiade in May 1978.
Babangida - Charged before Chief Magistrate Court, Ikeja for Assault and Obstruction against government agents on Thursday, May 18, 1987.
Babangida - Charged with Mr. Nojeem Jimoh (The then Punch Editor) & ors before Chief Magistrate Kelani sitting at Ikeja Chief Magistrate Court for Criminal Defamation against government on March 17, 1988.
Babangida - Charged with Mr. Nduka Irabor (then Editor African Guardian) & 4 ors. for Criminal Defamation against government before Hon. Justice Obadina sitting at Ikeja High Court on Wednesday, April 20, 1988.
Babangida - Charged before Justice Obadina sitting at Ikeja High Court for Criminal Defamation against government on April 22, 1988 (On this day, Gani turned 50 years of age - What a birthday present in the dock!)
Babangida - Charged before Magistrate Mrs. Adebajo sitting at Magistrate Court, Ikeja for Breach of the Peace in 1988.
Babangida - Charged before Justice Anyaegbunam sitting at the Transition to Civil Rule Anti-sabotage Tribunal, Lagos in 1989 for sabotaging the Babangida transition programme.
Babangida - Charged and imprisoned by Hon. Justice Ayorinde (now Late) sitting at the Lagos High Court in 1990 for Contempt of Court. The Court of Appeal, Lagos set aside the judgment of the High Court.
Babangida - Charged before Chief Magistrate Balami sitting at Gwagwalada Magistrate Court, Abuja on the 15th of June, 1992 for Treason against government.
Babangida - Charged again on Monday 12 July, 1993 before Chief Magistrate Hajiya Aishatu Abdullahi sitting at Magistrate Court, Wuse - Abuja for Sedition against government.
Abacha - Charged before Chief Magistrate Lufadeju sitting at Chief Magistrate Court, Ikeja for Unlawful Assembly against government and forming illegal political party on October 18, 1994. Case now dismissed.
Abacha - Charged before Yaba Chief Magistrate Court 1 in Charge No. A/300/95 for Unlawful Assembly and for conducting a political rally without permission in 1995.
Charged again before Yaba Magistrate Court 2 in Charge No. A/336/95 for holding a political rally against government without permission in 1995.
Charged again before Yaba Magistrate Court 2 in Charge No. A/336/95 for holding a political rally against government without permission in 1995.
There are other statistics to prove that Babangida was the worst of the military rulers, in spite of his attempt to cover up with deadly smiles as the elections near in 2007.
On June 10, 1988 in the course of the search conducted by the Federal Government Security agents in his house at No. 28, Sabiu Ajose Crescent, Surulere - Lagos Four hundred and ninety six (496) copies of a book titled "Murder of Dele Giwa: Right of a Private Prosecutor" were seized by the security agents and confiscated. Gani challenged the seizure in court. Justice Ope-Agbe of the Lagos High Court on the 14th of October, 1988 decided the case in favour of Gani. The Government was ordered to return the books and pay damages for the illegal seizure. Up till now the books have not been returned and the damages have not been paid. In addition, on June 29, 1988, at the Ikeja High Court premises and in the full view of the Court officials, security men pounced on him and beat him up before he was taken away and locked up at the Ikeja police station.
Babangida's democratic credentials are not worth a penny. It is on record that he annuled the most widely accepted election in Nigeria's history without care or concern to national clamor.
Babangida's democratic credentials are not worth a penny. It is on record that he annuled the most widely accepted election in Nigeria's history without care or concern to national clamor.
His long-winding democracy transition program was an abysmal failure.
The Babangida government practiced ruling by military decrees, which shielded it from being questioned by the courts. State Security (Detention of Persons) Decree 2 of 1984, the most widely abused and feared decree, provided for virtually unlimited detention without trial. In 1991, the government used Decree 2 to continue to hold relatives and acquaintances of suspected participants in the April 1990 coup attempt. Gloria Mowarin, the girlfriend of suspected coup financier, whose release was ordered by the court, miscarried in her seventh month of detention. Others include Gloria Awhirin and Rhoda Ackah, two sisters of Great Ogboru, the alleged coup leader. In June 1991, a High Court judge appealed to the government to order their immediate release on humanitarian grounds. One was nursing a baby. Dorah Mukoro, wife of Major Saliba Mukoro, an alleged coup participant, reportedly escaped from detention in September, along with her children. She gave birth in detention less than two months after her arrest.
His government, in 1999, paid lip service to official corruption, which was widely recognized as one of Nigeria's most intractable problems. In the most talked-about case, Jennifer Madike was arrested on January 10 for allegedly collecting a bribe from three men on the pretext that she was to deliver it to Fidelis Oyakhilome, then chair of the Nigerian Drug Law Enforcement Agency, to secure the release of two detained suspected drug dealers. She was later detained under Decree 2, amid rumors of the involvement of First Lady Maryam Babangida in the scandal. She was not produced in court until March 22, after numerous complaints filed by her lawyer, human rights activist Femi Falana, who is also president of the National Association of Democratic Lawyers and vice president of the Committee for the Defense of Human Rights. Madike was later charged with stealing and official corruption. Her cousin was arrested on April 17, and both women were subsequently charged with forgery in connection with a letter that the two claim was written to Madike by Mrs. Babangida. Madike became seriously ill in custody and was denied access to her lawyer, despite several court orders.
One of the most damaging effects of military rule on the justice system had been the use of special tribunals. Lacking internationally recognized judicial safeguards, they heard a variety of cases considered by the government to be particularly sensitive, including cases of armed robbery, treason, corruption, drug trafficking and subverting the transition to civilian rule. Those convicted in some cases had no right of appeal. Others may be appealed to a Special Appeal Tribunal, but the appellate decisions must then be confirmed by the government. Until 1991, military officers sat on tribunals along with judges, but according to Decree 9 of 1991, tribunals consisted of one civilian judge. While a small improvement, this change did not address many of the fundamental problems of the tribunals, including a presumption of guilt, inadequate legal representation, disproportionately stiff sentences and strictly circumscribed provisions for appeal. In addition, the continued existence of a parallel court system weakened the authority of the regular courts under IBB.
Despite the removal of members of the military from the special tribunals, military tribunals were used to try certain cases. Nine soldiers and two civilians, accused of involvement in the April 1990 coup attempt, were tried in secret before a military tribunal in September and October. According to the Civil Liberties Organization (CLO), a Nigerian human rights group, the suspects had been acquitted on similar charges in two previous trials before military tribunals and had been in detention for at least one year. They were denied counsel during their detention and were represented at the trial by army lawyers. The CLO filed a suit to restrain the trial and later learned that it had been concluded and that eight suspects had been sentenced to death and three to life imprisonment. Two weeks later, the government announced that, pursuant to its human rights policy, the death sentences were commuted to life imprisonment and the life sentences to ten years' imprisonment.
Corruption in the judiciary worsened under the Babangida government which, at the highest levels, had shown a lack of respect for the courts. A government-sponsored candidate who headed the Nigerian Bar Association (NBA) from 1989 to 1991 assured a policy of non-confrontation with the government. In March 1991, at the opening ceremony of the African Bar Association meeting in Abuja, the government announced a one million dollar "gift" to the NBA, much to the embarrassment of many Nigerian lawyers. On August 7, Attorney General and Minister of Justice, Prince Bola Ajibola, announced a plan to require licenses for all lawyers, a plan to exert greater control over the bar.
One of the most damaging effects of military rule on the justice system had been the use of special tribunals. Lacking internationally recognized judicial safeguards, they heard a variety of cases considered by the government to be particularly sensitive, including cases of armed robbery, treason, corruption, drug trafficking and subverting the transition to civilian rule. Those convicted in some cases had no right of appeal. Others may be appealed to a Special Appeal Tribunal, but the appellate decisions must then be confirmed by the government. Until 1991, military officers sat on tribunals along with judges, but according to Decree 9 of 1991, tribunals consisted of one civilian judge. While a small improvement, this change did not address many of the fundamental problems of the tribunals, including a presumption of guilt, inadequate legal representation, disproportionately stiff sentences and strictly circumscribed provisions for appeal. In addition, the continued existence of a parallel court system weakened the authority of the regular courts under IBB.
Despite the removal of members of the military from the special tribunals, military tribunals were used to try certain cases. Nine soldiers and two civilians, accused of involvement in the April 1990 coup attempt, were tried in secret before a military tribunal in September and October. According to the Civil Liberties Organization (CLO), a Nigerian human rights group, the suspects had been acquitted on similar charges in two previous trials before military tribunals and had been in detention for at least one year. They were denied counsel during their detention and were represented at the trial by army lawyers. The CLO filed a suit to restrain the trial and later learned that it had been concluded and that eight suspects had been sentenced to death and three to life imprisonment. Two weeks later, the government announced that, pursuant to its human rights policy, the death sentences were commuted to life imprisonment and the life sentences to ten years' imprisonment.
Corruption in the judiciary worsened under the Babangida government which, at the highest levels, had shown a lack of respect for the courts. A government-sponsored candidate who headed the Nigerian Bar Association (NBA) from 1989 to 1991 assured a policy of non-confrontation with the government. In March 1991, at the opening ceremony of the African Bar Association meeting in Abuja, the government announced a one million dollar "gift" to the NBA, much to the embarrassment of many Nigerian lawyers. On August 7, Attorney General and Minister of Justice, Prince Bola Ajibola, announced a plan to require licenses for all lawyers, a plan to exert greater control over the bar.
Several student leaders were arrested and detained under Decree 2 and in harsh conditions in prisons that were mere death houses. Detainees were often tortured. Police brutality, a major issue in the country, was not seriously addressed by the government, although it was an important focus of domestic human rights groups in 1991 and was a major point of criticism of the government's response to religious riots that broke out in the north on several occasions. Security agents were widely accused of not acting quickly enough to contain the violence and of using excessive force once violence erupted.
The inspector general of police warned that the police would "deal with" anyone who spread rumors about persistent unrest in Bauchi. General Babangida once cut short his visit to the Commonwealth Heads of Government Conference in Zimbabwe when violence broke out in Kano. Hundreds were killed in several days of violence following the announcement of an open-air Christian revival. According to Christian refugees, security forces did not act decisively at the outset because of fears of provoking the Islamic leadership in the area. When violence escalated, the police fired indiscriminately at crowds, using live ammunition.
The Nigerian press, which for years was regarded as the most vibrant in Africa, was consistently under attack during the Babangida years. In 1991, the government continued its policy of closing down newspapers and arresting journalists who reported on such sensitive topics as corruption and student demonstrations. Government attacks on the press included:
The inspector general of police warned that the police would "deal with" anyone who spread rumors about persistent unrest in Bauchi. General Babangida once cut short his visit to the Commonwealth Heads of Government Conference in Zimbabwe when violence broke out in Kano. Hundreds were killed in several days of violence following the announcement of an open-air Christian revival. According to Christian refugees, security forces did not act decisively at the outset because of fears of provoking the Islamic leadership in the area. When violence escalated, the police fired indiscriminately at crowds, using live ammunition.
The Nigerian press, which for years was regarded as the most vibrant in Africa, was consistently under attack during the Babangida years. In 1991, the government continued its policy of closing down newspapers and arresting journalists who reported on such sensitive topics as corruption and student demonstrations. Government attacks on the press included:
- Three newspapers in Lagos owned by John West Publications were shut down in March for thirteen days for what was described as "embarrassing publications" against the president and his wife, relating to the Jennifer Madike case described above. Under the heading "IBB, Maryam [Babangida] named in Jennifer's deal," the offending story, which appeared in the Lagos Evening News, reported the contents of a letter purportedly written by the chair of the Drug Law Enforcement Agency in which he justified the need to detain Madike under Decree 2. The paper's editor and news editor were arrested and detained for a few days.
- The Lagos State government closed down the Guardian after its coverage of the student killings in Lagos. Four journalists and two office assistants were arrested. The paper reopened nearly two weeks later. The journalists and assistants were released the next day without charge.
- William Keeling, a correspondent for the British daily Financial Times, was expelled from Nigeria and declared persona non grata. The government accused him of writing inaccurate articles "ostensibly to cause mischief and disharmony among Nigerians and between Nigeria and the rest of the world." The government's statement cited an article in which Keeling had accused the government of not reporting about half of the extra five billion dollars that it was estimated to have earned from higher oil prices during the Gulf war.
These, patriotic Nigerians, are just some of Babangida's real democratic records. Can he now be a civilian president?
