By Lukman Olabiyi

The children of late Mrs Kudirat Abiola have dragged the Muhmmadu Buhari administration of Nigeria to the ECOWAS Court of Justice in Abuja, over the unlawful killing of their mother.

Khafila Abiola, Moriam Abiola, and Hadi Abiola are suing for themselves and on behalf of the other children of Kudirat. In the suit number ECW/CCJ/APP/62/2022 filed through their Counsel, Femi Falana, SAN, the children are challenging the “violation of the fundamental human rights to life and dignity of human person of the late Mrs Abiola.”

The plaintiffs are arguing 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 of Human and Peoples’ Rights.

The plaintiffs said: “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 amount to the violation of the plaintiff right (as in this case), and for providing adequate compensation.”

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The plaintiffs are also arguing that, “under the combined provisions of Articles 1, 4 and 5 of the African Charter on Human and Peoples’ Rights to which 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 praying the court to declare that the killing of Mrs. 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.

The deceased’s children are also asking the court to declare 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.

Besides, they are praying for and 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.

In addition, the applicants are seeking an order directing the defendant to pay the sum of $10 million to them as compensation for the unlawful killing of Alhaja Kudirat Abiola.