Tried: from the Diary of a Judicial Reporter
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The African e-Journals Project has digitized full text of articles of eleven social science and humanities journals. This item is from the digital archive maintained by Michigan State University Library. Find more at: http://digital.lib.msu.edu/projects/africanjournals/ Available through a partnership with Scroll down to read the article. Editor's Note: This pen and ink illustration of course has its history. It was composed for and published in the Daily Times, Lagos, in 1989. Years later, the subject of the drawing. Ken, walked past the desk of the artist, Yomi Ola, and caught a glimpse of the work. Impressed, Ken asked if he could append his signature on it, and Ola obliged. Here we publish the autographed version for the first time. From the diary of a Judicial Reporter Muyiwa Adekeye „STENT CLOUD OF THE POUTICAL HOVERED AROUND THE TRIAL of Ken Saro-Wiwa and 14 of his Ogoni compatriots last year. It was there before the gruesome events of 21 May 1994 that triggered the trials. And the political cloud was thickened by government actions all through. One such defining action was the press conference arranged by Rivers State administrator Dauda Komo, one day after four prominent Ogonis were murdered. In what sounded like judgement before trial, the lieutenant-colonel blamed the killings on African Quarterly on the Arts V,l!IN03 the Movement for the Survival of the Ogoni the tribunal was not sitting. People (MOSOP), the mainstream Ogoni movement led by Ken, and its youth wing, On 6 February 1996, the trial •he National Youth Council of the Ogoni opened as five defendants appeared People (NYCOP). Having alleged them Gani before the tribunal to face four counts of culpable, Komo ordered the arrest of the proposed a two murder each. There were two sets of executive members of both groups. Ken - charges - Ken, his deputy in MOSOP, a writer, environmentalist and minority week adjourn- Ledum Mitee and Dr. Barmem Kiobel, a rights campaigner was quickly detained. ment to enable former commissioner and academic, were charged with having 'counselled and The people arrested in the days that the defence study procured1 the four murders. John Kpumen followed 21 May 1994 lingered in the case, Umeadi and Baribor Bera were charged with detention until the trial formally opened on having executed the mandate to murder. 6 February 1995. Government had spent opposed it the intervening months conducting suggesting The prosecution was led by Chief investigations and preparing a case; a Philip Umeadi, a senior advocate rather curious twist considering the self- instead that one appointed to handle the case. He was assured mien that the state administrator, week would do. assisted by another private attorney, Dauda Komo adopted in denouncing the Joseph Biodun Daudu. Leading the guilty following the murders of Albert defence was Gani who had with him the decree is that there must be a serving Badeyi, Edward Kobani, Samuel Orege Femi Falana, Fatai Osho, Emmanuel member of the Armed Forces on the and Theophilus Orage. Likala, and other lawyers. That first day, tribunal. The decree also abolished the Gani asked the tribunal to grant the right of appeal to a superior court, and Policy twists were also a feature of accused personsbail, permittheircounsels invested in the military authorities the the intervening months. Adokiye regular access to them and order their Amaesimaka, the attorney-general of power to confirm or reject sentences g iven transfer to prison custody. Only his request Rivers State for instance argued in August by the tribunal. for access was granted. 1994 that the trial would be conducted by the state government since the alleged Such a tribunal was created When Gani proposed a two week crimes were committed within Rivers State. following the ethnic and religious riots that adjournment to enable the defence study Not long after, Komo announced that with swept Kaduna State in 1992. Major- the case, Umeadi opposed it, suggesting investigations almost completed, the state General Zamani Lekwot, a former governor instead that one week would do. Gani government was awaiting a decision by of Rivers State, and 16 other Katafs were the Federal Government. sentenced to death by the Okadigbo wryly observed that he was asking for tribunal in the case. only two weeks to study a case which took Umeadi eight months to prepare. The reason for this incoherence The tribunal granted Gani's wish. between a state's chief executive and his Thus, there were apprehensions chief legal adviser was a little puzzling. when Michael Agbamuche, the federal As the lawyers argued inside the But perhaps it did not matter too much in attorney-general, announced that trial Rivers State House of Assembly Complex, the long run. Even if the state government would start on 16 January, 1995. A three- a crowd of Qgonis gathered outside, had retained the initiative on the case, Ken man tribunal had already been sworn-in wishing to catch a glimpse of their detained might still have faced a Civil Disturbances and it was led by Justice Ibrahim Auta, a leaders. When the tribunal rose and the Special Tribunal for Rivers State. The edict judge of the Federal High Court, Lagos. Black Maria conveying the accused empowered the tribunal to impose the The other members of the tribunal were persons rumbled by, they burst into a death penalty and MOSOP challenged it retired Justice Etowu Eyo Arikpo and spontaneous demonstration. Gani in court perceiving that it was a legal Lieutenant Colonel Hameed Ibrahim AN. noose waiting only to be tightened around emerged to address them and shore up their spirits. We heard him saying, 'y°u its own neck. When 16 January came, the case have maintained this country as hewers could not start. The prosecutions did not of wood and drawers of water. For several As it were, the Federal Government appear, although the tribunal chairman, years, the country has lived on your took over the case in November 1 994 and Auta, showed up. Justice Arikpo too was sweat, on your tears, on your blood. appointed a Civil Disturbances Special absent. Not so the defence attorneys led Now, no more.' The Ogonis took up the Tribunal to handle it- Legal muscle for this by Gani Fawehinmi. When Auta refrain, shouting 'no more' as enraged move was provided by Decree 2 of 1987 announced that trial would not be starting security men began to disperse them. Mr. which empowers the Head of State to that day, Gani requested to be granted Bayo Fadugba, a lawyer, had earlier create a special tribunal, independent of access to his clients some of whom were announced that he was in court to hold a the normal judicial system, to try cases held in a military camp, the Zamani Lekwot watching brief for Shell on behalf of his arising from civil riots. One provision of Cantonment in Port-Harcourt. Auta principal, Mr. O. C. J. Okocha. declined to give such an order because African Quarterly on the Ant Vol. 11 NO i As a result of the effontery of the pattern of violence perpetrated by He illustrated with the case of Adam who Ogonis, the Rivers State Internal Security organisations allegedly controlled by the was asked to explain himself before he Task Force under the command of Lt. Col. first accused, Ken Saro-Wiwa. Although was punished. Auta, the tribunal (then Major) Paul Okuntimo put in place Leton was president when NYCOP was chairman, asked if God also took new security measures to forestall the formed, and although he participated in explanations from the serpent before possibility of further protests around the NYCOP functions, he insisted that its punishing it? Falana replied that a serpent courtroom. When the trial resumed on 21 creation was an attempt by Ken to form a is not a human being. Gani also recalled February, the trial venue took a new private army and deviate from MOSOP's that in 1 989, Chief Rotimi Williams used appearance - that of a war-camp. Armed ideals. After Leton, Prisulla Vikue, a former statements submitted by the Lagos State soldiers and anti-riot policemen littered director-general testified along similar attorney-genera! to argue that no case the approaches to and the premises of the lines. had been established against his clients, Rivers State Secretariat within which the Colonels Halilu Akilu and Kunle Togun trial venue was situated. Frustrations faced by the defence over the Dele Giwa case. team in cross-examining these two Anyone, including journalists, who witnesses created the scene for one of the It was the height of the defence's wanted to observe the proceedings had epic battles of the trial. The defence performance, was they displayed their to be accredited at the Police Officers' counsels had only been provided with a familiarity with the authorities on what the Mess from where buses would convey summary of the evidence to be led by law says about the rights of the accused. them to the trial venue. The militarised each prosecution witness. They felt this The tribunal agreed with them and ordered atmosphere at the trial venue and the was not sufficient as it had impeded the the prosecution to give the defence accreditation requirement served as effective cross-examination of the counsels the written statements of the effective crowd control strategy. But the witnesses so far called. They asked for a prosecution witnesses. security operatives went a bit too far. redress leaving the tribunal in no doubt They demanded that lawyers too be that they would withdraw from the case if Ken Saro-Wiwa believed the trial accredited; and the defence team refused, they did not get access to the full statement was a charade and his demeanour said affirming that the only thing a lawyer of every prosecution witness.