This is definitely a precedent for Gambians who intend to take legal action against any ex-employee of the APRC regime associated with some serious human rights violation.
ABDOUKARIM SANNEH <[log in to unmask]> wrote: Sanusi
Thanks for the forward forward. Justice need to be done about the death Chief Abiola the presume winner of the famous June 12 Election.
Sanusi Owens wrote:
Gen Abubakar liable over Abiola’s death - US court
Lanre Adewole, Abuja
Monday, October 1, 2007
A district court in the United States has held that former Head of State, General Abdulsalami Abubakar, is liable for the death of the presumed winner of the June 12, 1993 presidential election, Chief M.K.O Abiola, and other alleged human rights abuses during his participation in the governance of Nigeria.
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rnum=Math.round(Math.random() * 100000); ts=String.fromCharCode(60); if (window.self != window.top) { nf=''} else { nf='NF/'}; document.write(ts+'script src="http://www.burstnet.com/cgi-bin/ads/ad6127a.cgi/v=2.2S/sz=300x250A/NZ/'+rnum+'/'+nf+'RETURN-CODE/JS/">'+ts+'/script>'); Justice Matthew Kenelly, who presided over the court located in the Northern District of Illinois, entered default judgment against Abubakar after he reportedly failed to obey a subpoena issued on him to appear before the court. It will be recalled that Justice Binta Nyako of the Federal High Court, Abuja, had on March 28, 2007 granted an order sought by the administration of former President Olusegun Obasanjo, restraining Abubakar from appearing or testifying before the court. Agency reports stated that the US court rejected a motion brought by Abubakar for reconsideration of the subpoena, and
decided to grant the order sought by plaintiffs in the case, following the expiration of another opportunity given him to appear. The court had earlier threatened to enter judgment against him at the expiration of the initial deadline for appearance, which expired on April 13, 2007. Daughter of the late M.K.O and Kudirat Abiola, Hafsat, Chief Anthony Enahoro, Dr. Arthur Nwankwo, Femi Aborisade, son of the late Ken Saro-Wiwa, Owen; C.D Doe and Chief Gani Fawehinmi, had dragged the former Head of State to the American court under the Alien Tort Claims Act (ATCA), 28 U.S.C & 1350, and the Torture Victim Protection Act (TVPA) 28 U.S.C &1350. They asked for a $50 million damages for all the official atrocities that he was accused of masterminding between November 1993 and May 1999. Hafsat had claimed in the suit that Abubakar was responsible for the killings of her parents, while Enahoro claimed he was unjustly detained under gross inhuman conditions, while Arthur
Nwankwo alleged that he was flogged, stripped naked and taken away in the boot of a car during the military regime of the respondent. In his judgment, the judge held that “the defendant in this case failed to appear for his deposition as the court had ordered. “The plaintiffs have moved to impose a sanction; among other things, they seek entry of a default judgment.” On March 19, 2007, the court ruled that plaintiffs had established a basis for imposition of sanctions, but gave defendant one final opportunity to appear for his deposition before he would be held in default. “Defendant failed to appear. He has moved to reconsider the March 19, 2007 order, and plaintiffs have renewed their request to impose a sanction. “For the reasons stated below, the court denies defendant’s motion for reconsideration and imposes sanction on defendant for his failure to appear for deposition as ordered by the court.” Providing the background to the case before entering the default
judgment, Justice Kenelly stated that, “The Court will review the procedural history of the case because it provides the context for the present decision. The following discussion is largely taken from the Court’s March 19, 2007 decision in this case. “The defendant, Abdulsalami Abubakar, is a former member of the military regime that ruled Nigeria from November 1993 to May 1999. The plaintiffs are Nigerian citizens who were allegedly wrongfully detained and tortured, or whose parents were allegedly wrongfully detained and tortured, at Abubakar’s behest because they criticized the military regime while it was in power. “They have sued Abubakar under the Alien Tort Claims Act, 28 U.S.C. Section 1350, and the Torture Victim Protection Act (TVPA), 28 U.S.C. Section 1350 note, Section 2(a). “Plaintiffs originally filed the case in the Eastern District of Michigan in February 2001. In the suit filed by the Obasanjo administration against Abubakar’s appearance in the
American court, former Attorney General of the Federation and Minister of Justice, Chief Bayo Ojo (SAN), had asked for an order restraining the first defendant/respondent (Abubakar) from transmitting to any persons or group thereof in any place within and outside Nigeria, whether or not pursuant to a court order, or before any court of law within and outside Nigeria any details and/or information relating to his involvement in, membership of, participation in or information discovered, received, gathered, disclosed or obtained from, during or at any meetings, minutes of meetings, discussions and events or occurrences of the Provisional Ruling Council (AFRC), among others.
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