The investigation conducted during the Babangida Administration by the Police is revealing. It also justifies the recommendation of the Oputa Panel. The officer who conducted the investigation Alhaji Abubakar Tsav, a senior Police officer now retired submitted a signed statement to the Oputa Panel in July, 2001. It is a comprehensive statement. The Statement revealed inter alia as follows:-

"
• This case was the first of its kind in Nigeria, and I was determined to give out my heart to uncover the perpetrators of this devilish act. After a preliminary investigation, I submitted an interim report along with the relevant case file to the AIG Force CID, Mr. Chris Omeben.
• The facts of the case as revealed by Police investigation and supported by statement of witnesses showed that:-

  (i) On 19th October, 1986 at about 11am two men drove in a white Peugeot 504 saloon car with unidentified registration number to No 25, Talabi Street, Ikeja, the residence of Mr. Dele Giwa. One of the men wore black French suit while the second wore white long sleeve French suit. Dele Giwa’s watchman Mallam Musa Ladan was away to the market but left the security of his Master’s residence to his neighbour Mallam Musa Zibo. The man with the white French suit alighted from the car and gave Mallam Zibo a padded brown envelope for delivery to Dele Giwa having confirmed from Zibo that Dele Giwa was in. They immediately drove off without waiting to confirm that the parcel had reached the addressee. The unsuspecting Musa Zibo collected the parcel and pressed the doorbell to Dele Giwa’s residence.

  (ii) In response thereof, Billy Giwa, the deceased’s son opened the door and collected the parcel for his father. According to Billy Giwa, the brown envelope was heavy and had a white sticker on which Dele Giwa’s name and address were written. It was marked ‘Secret and Confidential’ with a warning that it should only be opened by the addressee. The sticker also had the Nigerian Coat of Arms with the inscription ‘From the office of the C-in-C’. Billy Giwa said he though the parcel was from the President because he had received a similar parcel in the past for his father from the President. He therefore handed over the parcel to his father who was in the study with Kayode Soyinka, the London Bureau Chief of the Magazine. He retired to the sitting room to join his stepmother Mrs. Funmi Giwa. A few minutes later, he heard an explosion. They rushed to the scene and found the study engulfed in smoke and fire while his father sustained fatal injuries. With the assistance of sympathizers, they rushed his father to First Foundation Hospital, Ikeja where he later died. He asserted that on the way to the hospital, his father (Dele Giwa) told him that the President (IBB) had killed him.

  (iii) ... Soyinka asserted that when Giwa took the parcel, he looked at it and said "This must be from the President".

  (iv) Mrs. Olufunmilayo Dele Giwa deposed that on 18th October, 1986 she received a telephone call from a caller who said he was making the call on behalf of Col. Akilu and asked after her husband. She told the caller that her husband was not in. The caller then requested for his office telephone number, which she obliged. A few moments later, the caller telephoned again and asked her to speak to Col. Akilu. She said Col. Akilu asked her for the address and description of their house. She asked him why he wanted their residential address and he told her that the ADC to the C-in-C would be bringing something to Dele Giwa and besides he (Akilu) would like to pass through the house to see Dele Giwa on his way to Kano. She asserted that she recognized the voice of Col. Akilu because he had on two previous occasions spoken to her on the telephone. She therefore unsuspectingly gave him the address and description of their house. Kayode Soyinka who was with Mrs. Giwa at home on 18th October, 1986 confirmed that he heard her describing the location of their residence to the caller, whom she said was Col. Akilu. He also confirmed that he heard Mrs. Giwa asking the caller if he intended to visit them. The next morning 19th October, 1986 Col. Akilu again telephoned Dele Giwa and discussed with him for about 10 minutes. It was reported that Col. Akilu told him that he should forget about his visit to the SSS, as the matter had been resolved. Dele Giwa told him that the matter was not resolved because he had already briefed his lawyer. At about 11 a.m of the same morning, a letter bomb was delivered to Dele Giwa by two unknown persons, which subsequently killed him.

  It became clear that the murder of Dele Giwa was purely that of elimination and that was the first of its kind in the country.

  Abubakar Tsav, the Investigating Police Officer went on in the said written and signed statement as follows:-

• The telephone conversation between Col. Akilu and Mrs. Giwa on 18th October, 1986 and between Dele Giwa and Col. Akilu on 19th October, 1986 shortly after which the letter bomb was delivered could not be a coincidence. It was therefore desirable that Col. A. K. Togun who was the 2i/c SSS and Col. Akilu, who as the DMI make statement giving their own version of the story. They did not submit themselves for interrogation let alone write statements to the Police. It is necessary for them to make statements now to defend the grievous allegation made against them. Forensic Report No. Tel. 86/1347 Dated 22nd October, 1986 received from the Chief Scientific Officer on the extent of damage done to the house suggested that high explosive was used in the letter bomb."

• The use of parcel bomb to eliminate a person in this country was the first of its kind and I was determined to put in my best to uncover the perpetrators of this evil at all cost. I also expected the Federal Military Government of Gen. Ibrahim Babangida to show keen interest in the detection of the authors of this crime by providing enabling environment for the police to thoroughly investigate this case and pick up witnesses and suspects, wherever they were or whatever position they held, and find out how the explosives entered the country. I expected government to show keen interest in the successful investigation of this case in order to prevent re-occurrence, but alas, the reverse was the case. Not only that the government failed to do so, they also did not give the Police the required support and mandate to prove its case. For instance, a responsible and caring government could have established a commission of enquiry immediately the incident occurred especially as this was the first of such case in Nigeria, or put in place a special investigation unit comprising of senior Military and Police officers to jointly investigate the case as in other cases, with authority and power to invite and interrogate any person or group of persons from whom they believe they could obtain useful information on the commission of the crime. This was deliberately not done. It is a known fact but not known to Nigerian law that the police cannot arrest senior Military Officers during a Military dictatorship for any criminal offence without support of the government of the day especially if such senior Military officers are the heads of security or intelligence outfit as in this case. To me the involvement of the police in the investigation of this serious case was merely a smoke screen designed to cover the act. The police were used as delaying tactics to kill the case.

• I am aware that only a caring and democratic government can agree to probe itself. The government of the day at that time was a Military dictatorship. The sophistication with which the letter parcel was prepared and the use of a sticker with Nigerian coat of arms coupled with the inscription “from the office of the C-In-C” suggested that the government was involved or even sponsored this devilish scheme. This apart, the reported telephone conversation between Mrs. Funmi Giwa and Col. H. Akilu on 18th October, 1986 during which Col. Akilu sought to know the residential address of Dele Giwa with the claim that the “ADC” to C-in-C would send a card to Dele Giwa, and he too (Col. Akilu) would stop over to see Dele Giwa on his way to Kano, was in my view a ploy to know the address so that the letter bomb would be delivered correctly by the messenger of death. His (Col. Akilu) further telephone call on 19th of October, 1986 to Dele Giwa was to make sure that he Dele Giwa (the target) was at home to receive the letter bomb. These incidents were not mere coincidence but a carefully layed scheme to achieve their murderous acts. Furthermore, the failure of the driver of death to wait for Dele Giwa’s personal acknowledgement of the receipt of the letter bomb was clearly in fulfillment of their joint conspiracy to kill their victim, which they achieved. Through out my investigation, I was unable to reach Cols. H. Akilu and A.K. Togun for interrogation in view of the positions they held as Director DMI and 2i/c SSS respectively. Alhaji Ismaila Gwarzo who was the Director General of SSS could not be reached or interrogated for the same reason. They were untouchable.

  It is ironical that none of these people paid condolence visit to the Directors of Newswatch or family of Dele Giwa after the explosion, even Col. Akilu who said he wanted to stop over and see Dele Giwa on the day of the incident.

• Accordingly I submitted an interim report high lighting my preliminary findings as above to the DIG Force CID, Dr. Chris Omebem and recommended that both Col. Haliku Akilu and Co. A. K. Togun against whom there was strong circumstantial evidence for conspiracy and murder, be made available for interrogation and voice identification. In addition, I recommended that their special privileges be withdrawn to enable the police conduct searches of their offices and residences for items of evidential value. I also desired to interrogate some operatives of SSS and DMI for purpose of identifying the two couriers of death even though I knew this was impossible. Both my report and the case file were submitted to Mr. Chris OMEBEN the then DIG in charge of Force CID Ikoyi with recommendation as above. The IGP at that time was Alhaji Mohammed Gambo Jimeta. Since then I heard nothing about the case neither was the case filed returned to me. There was also no indication that the case was re-assigned to another investigator or agency for continuation of investigation. It is therefore safe to conclude that the case was suppressed in order to shield the perpetrators of this evil from prosecution. This would not have been possible if the Federal Military Government of Gen. I. B. Babangida did not know about the callous killing of Dele Giwa."

From Abubakar Tsav report, it is clear that the Government of General Ibrahim Badamasi Babangida did not want the truth to be known and therefore prevented a proper and full investigation.
MY PRIVATE INVESTIGATION INTO THE ASSASSINATION OF DELE GIWA

Prior to his assassination, Dele Giwa was conducting a drug related investigation preparatory for publication against the wife (Maryam Babangida) of the military president, General Ibrahim Badamasi Babangida and one Gloria Okon. Consequently, he was arrested by the security agents of General Babangida and falsely accused amongst others of gun running to destabilize the government. A week before he was murdered, he was interrogated several times by security agents of Gen. Ibrahim Babangida, particularly Colonel Halilu Akilu the Director of Military Intelligence (DMI) and Lt. Col. A. K. Togun the Deputy Director of State Security Service (SSS).

These facts amongst others were disclosed by me and other witnesses to the Oputa Panel through oral testimony before the Panel and these can be found in the Record of the Human Rights Violations Investigation Commission (HRVIC).

After the murder of Dele Giwa, the government of Gen. Babangida was not keen as expected in conducting a thorough investigation. I took up the gauntlet. I spent a fortune conducting private investigation. On 3rd November, 1986, I forwarded the result of my private investigation to the Director of Public Prosecutions (DPP), Lagos State (Mr. J. A. Oduneye) for appropriate action. He refused to act.

Since the government was not prepared to take effective step to investigate, arrest and try those involved (of course Gen. Ibrahim Badamasi Babangida had immunity as Head of State), I went to court on 7th November, 1986 seeking an order to compel the Director of Public Prosecutions (DPP) or be given the order to prosecute those involved, namely: Colonel Halilu Akilu the Director of Military Intelligence (DMI) and Lt. Col. A. K. Togun the Deputy Director of State Security Service (SSS). I lost in the High Court in Suit No: M/513/86. I lost in the Court of Appeal in appeal No: CA/L/273/86 and on Friday, 18th December, 1987, I won in the Supreme Court in appeal No: SC.43/1987. This judgment can be found in Fawehinmi v. Akilu (1987) 4 NWLR (Pt.67) 797.

The Supreme Court gave me the authority to prosecute, if the Director of Public Prosecutions of Lagos State would not do his duty.

On Thursday, 21st January, 1988, consequent upon the order of the Supreme Court, Hon. Justice Olusola Thomas of the Lagos State High Court in Suit No. M/513/86 gave an order as follows:-

"The prerogative order of mandamus shall issue to compel Mr. Oduneye to specifically act in a manner that is lawful. There is no other legal remedy equally beneficial, convenient and effective if the applicant’s (Chief Gani Fawehinmi) statutory right under Section 342(a) of the Criminal Procedure Law is not to be frustrated. I hereby order that Mr. J. A. Oduneye the former Director of Public Prosecutions (now Solicitor-General) of Lagos State do exercise his discretion whether or not to prosecute Col. Halilu Akilu and Lt. Col. A. K. Togun for the murder of late Mr. Dele Giwa and, if he declines to prosecute, that he do endorse a certificate to the effect on the information submitted to him by the applicant (Chief Gani Fawehinmi) on Monday, the 3rd of November, 1986. This order of the court shall be carried out on or before Monday 25th day of January, 1988" And with my investigation and charges against Colonel Halilu Akilu the Director of Military Intelligence (DMI) and Lt. Col. A. K. Togun the Deputy Director of State Security Service (SSS), I was ready to prosecute them.

Suddenly, there was a sad twist and bad turn. The Attorney-General of Lagos State, Mrs. Eniola Fadayomi wrote to me that she was taking over the prosecution. She caused to be served on me a witness summons. On 22nd February, 1988, a charge of murder against Colonel Halilu Akilu the Director of Military Intelligence (DMI) and Lt. Col. A. K. Togun the Deputy Director of State Security Service (SSS) which was filed by the Attorney-General of Lagos State, Mrs. Eniola Fadayomi came before Hon. Justice Longe. The day the charge came up both Col. Halilu Akilu and Lt. Col. A.K. Togun who were accused persons did not show up in court. The dock was empty. The whole court was jampacked with curious Nigerians. Chief F.R.A. Williams stood up and argued that the charge be dismissed for “want of evidence”. The Attorney-General of Lagos State, Mrs. Eniola Fadayomi stood up and said that she agreed with Chief Williams that the charge she (Mrs. Eniola Fadayomi the Attorney-General of Lagos State) filed in court against Col. Halilu Akilu and Lt. Col. A.K. Togun the security chiefs of Ibrahim Babangida government was without merit. I was stunned, incensed and aghast with anger. I shouted, “My Lord! This is a pervasion of justice, a collusion between the defence and the prosecutor”. Hon. Justice Longe shouted me down, “sit down there”. “I continued, my Lord, this is not justice!” The charade went on between the prosecutor and the defence. Hon. Justice Longe adjourned for ruling. The ruling was predictable.

The next day, 23rd February, 1988, he quashed the information that was filed by the Attorney-General of Lagos State, Mrs. Eniola Fadayomi against the absent so-called accused persons after both the defence and the prosecutor had agreed that there was no case. Curiously enough, the charge that was quashed was filed by the Attorney-General who hijacked the matter from me and I was only made a witness because they did not want me to prosecute.

Thereafter, they put various impediments on my way – harassments, physical assaults, spurious arrests, continual detentions in various prisons “for being security risk”, criminal trials on trumped up charges, civil actions against me for “libel”. I stood my ground. For years, my heart suffered, my lungs suffered, my eyes suffered, etc, etc. But I was resolute and determined that those involved in the murder of Dele Giwa must not go free no matter how long it may take.

On 5th December, 1988, in another case of Akilu v. Fawehinmi, in Suit Nos: SC.215/88 and SC.216/88, the Supreme Court delivered a bombshell, which has the effect of withdrawing from me my right as a private prosecutor in murder cases. The full report can be found in Akilu v. Fawehinmi (No. 2) (1989) 2 NWLR (Pt.102) 122. This judgment had the effect of giving to the Police the sole responsibility for investigating murders, arresting murder suspects and charging to court such murder suspects. In respect of the Dele Giwa case the effect is that there is no right of private prosecution for murder in Lagos State.

CONCLUSION

In view of the recommendation of the Oputa Panel stated above and the signed statement of the Police investigator of the murder of Dele Giwa, Alhaji Abubakar Tsav, the former Commissioner of Police, the matter is still alive. There is no time restraint or time bar for murder cases. However long, the culprits can still be brought to book. General Ibrahim Badamasi Babangida today has no immunity and he is alive. Col. Halilu Akilu, former Director of Military Intelligence (DMI) is alive. Lt. Col. A. K. Togun, former Deputy Director, State Security Service (SSS) is alive.

On the part of the Police, Alhaji Abubakar Tsav is alive. Deputy Inspector-General of Police Chris Omeben (rtd) is alive.

The wife of Dele Giwa, Mrs. Funmi Giwa is alive. Mr. Billy Giwa, Dele Giwa’s Son is alive.

Mr. Kayode Soyinka the then London Bureau Chief of Newswatch magazine is alive. All the Directors of Newswatch magazine at the time of this incident, Messrs Ray Ekpu, Dan Agbese and Yakubu Mohammed are still alive.

The Hand of God to catch the culprits of the murder of Dele Giwa is working. Twenty-one years after the murder, no vital witness has died. No suspect has died. What remains to be done is for justice to take its course. As recommended by the Oputa Panel, the case of Dele Giwa must be re-opened.

Unless this is done now, the Rule of Law will be meaningless because the right to life is the most important fundamental right of every citizen. To take away life by assassination is the most fundamental assault on the rule of law. And unless this is done, all the spate of assassinations which came after the murder of Dele Giwa may never be solved including the murders of:-

• Pa Alfred Rewane (Politician and NADECO Chieftain) on 6th October, 1995

• Alhaja Kudirat Abiola (Wife of Chief MKO Abiola, winner of June 12, 1993 Presidential Election) on 4th June, 1996

• Alhaja Suliat Adedeji (Politician and Business woman) on 14th November, 1996

• Sunday Ugwu, (brother of Nwabueze Ugwu, a member of Enugu State House of Assembly) on 9th September, 1999

• Chief Layi Balogun (Politician) on 7th December, 2000

• Odunayo Olagbaju, (member, Osun State House of Assembly) on 21st September, 2001

• Chief Bola Ige, (Attorney-General and Minister of Justice) on 23rd December, 2001

• Ade Awonusi, (Confidential Secretary to Hon. Justice Uwais CJN) on 7th January, 2002

• Jane Oladape, (PDP Leader in Odigbo, LGA) on 13th August, 2002

• Alhaji Ahmed Pategi, (PDP, Kwara State Chairman) on 15th August, 2002

• Victor Nwankwo (younger brother of Arthur Nwankwo, Leader of Eastern Mandate Union EMU) on 29th August, 2001

• Barnabas Igwe and Abigail Igwe, (NBA Chairman, Onitsha Branch and his Wife, a Lawyer) on 1st September, 2002

• Prof. Chimere Ikoku, (former Vice-Chancellor, University of Nigeria, Nsukka) on 20th October, 2002

• Dele Arojo, (PDP Gubernatorial Aspirant) on 25th November, 2002

• Chief Ogbonnaya Uche, (ANPP Senatorial candidate in Imo State) on 8th February, 2003

• Theodore Agwatu, (Principal Secretary to Governor of Imo State) on February, 2003

• Dr. Harry Marshal, (National Vice-Chairman, ANPP, South-South) on 5th March, 2003

• Chief (Barr.) Ajibola Olanipekun on 20th June, 2003

• Chief A.K. Dikibo, (National Vice Chairman, PDP, South South) on 6th February, 2004

• Andrew Agom (in the Convoy of Benue State Governor, George Akume) on 3rd March, 2004

• Chief Philip Olorunpa, (Kogi State Electoral Commissioner) on 7th March, 2004

• Alhaji Alabi Olajoku, (Political Associate of Lagos State Commissioner for Works, Alhaji Rauf Aregbesola) on 15th May, 2005

• Mr. Anthony Ozioko, (PDP Assistant National Director, Research and Planning, Abuja) on 27th July, 2005

• Mr. Jesse Arukwu, (ACD Gubernatorial Aspirant, Plateau State) on 30th June, 2006

• Engr. Funsho Williams, (PDP Governorship Aspirant in Lagos State) on 27th July, 2006

• Dr. Ayodeji Daramola, (PDP Governorship Aspirant in Ekiti State) on 14th August, 2006

• Mr. Godwin Agbroko (Chairman, Thisday Editorial Board) on 22nd December, 2006

• Hon. Olusegun Oladimeji, (member of House of Representatives, Oyo State) on 14th September, 2007.

And the List goes on.

A Nation that cannot guarantee the right to life and punish an illegal taking away of that life cannot claim to be practising the rule of law. After all, the soul of the Rule of Law is Justice. And as put by Hon. Justice Chukwudifu Akunne Oputa, JSC (Rtd) in Josiah v. State (1985) 1 NWLR (Pt.1) 125 at page 141, a murder case determined by the Supreme Court that:

"... Justice is not a one-way traffic. It is not justice for the appellant only. Justice is not even only a two-way traffic. It is really a three-way traffic – justice for the appellant accused of a heinous crime of murder; justice for the victim, the murdered man, the deceased, “whose blood is crying to heaven for vengeance” and finally, justice for the society at large – the society whose social norms and values had been desecrated and broken by the criminal act complained of..."

There can be no justice for Dele Giwa and the Nigerian society for his assassination on Sunday, 19th October, 1986 until the investigation into his murder is re-opened, and those responsible are brought to book. It is only then that the Rule of Law will find its fulfillment.




CHIEF GANI FAWEHINMI LLD, SAN
Friday, October 19, 2007