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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 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 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 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. it all. While legal arguments raged, he needed to do to practise his profession is whiled away the time perusing to pay practising fees. But fine arguments The atmosphere reeked of the newspapers. He obviously was present in did not protect Femi Falana, a member of gradual warming up of magma that the courtroom only physically, Ken was the defence team, from getting slapped betrays the imminence of a volcanic convinced he could not get justice and he and Gani from being manhandled. eruption. The defence team reminded the did not intend to promote a contrary tribunal of the defendants' light to fair illusion. He regarded the trial merely as The lawyers still stood their ground hearing as guaranteed by section 33 of an avenue contrived to obtain a however, and after some haranguing the constitution. For them, the denial to prearranged guilty verdict. were allowed to enter the trial venue them of the witnesses' statements without accreditation. K. Z. Dudari, an derogated from that right. 'No matter The defence counsels eventually assistant commissioner of police who took how ingenious an accused person can came around to this view. The occasion part in defusing the tension and making be, he cannot prepare against the as provided by the testimony of Alhaji peace with the lawyers, mumbled a few unknown. It is not a question of magic', Mohammed Kobani, younger brother of words in Hausa to an uncomprehending Gani explained. one of the victims of the horrifying murders Gani: Kai, Gani, mai surutu ne (Gani, of 21 May 1994. Kobani was an you are a troublemaker). Falana put it more bluntly. In the eyewitness to, the riot at Grokoo. He absence of the statements, 'we were put in appeared with Lt.Col. Komo at the 22 When business opened, Gani a dark room blindfolded, looking for a pin May 1994 press conference where Komo, submitted two affidavits sworn to by two to puncture the prosecution's case'. Gani pronounced MOSOP guilty. At that press conference, Alhaji Kobani had narrated prosecution witnesses asserting that they asked the prosecution to be fair. 'Criminal what he said was the authentic account of and other prosecution witnesses had been procedure is not hide and seek. All cards how the four prominent Ogoni men were bribed and threatened in order to provide must be on table.' When Joseph Daudu, murdered. The defence saw a chance to incriminating evidence against the arguing for the prosecution, said that all destroy his credibility by pointing out the accused. the defence needs the written statements for is cross examination and not the contradictions between his testimony in court, his written statement and his account On 13 March 1995, the preparation of the defence, Mitee - who was now defending himself- snapped. 'I at that press conference. prosecution opened its case by calling its cannot conceive of any defence that does first witness, Garrick Barilee Leton, the not include cross-examination.' first president of MOSOP. As Umeadi led When the defence lawyers him in evidence, the drift of the tendered a video recording of the 22 prosecution's case became clear. The To strengthen the argument, Falana May 1994 press conference, the tribunal refused to admit it in evidence. Then the prosecution was trying to establish a said even in heaven, there is fair hearing.

African Quarterly on the Am V,L1INO3 lawyers said the tribunal should compel Counsel who came to observe the trial. He the government to produce the video in reported that by denying the accused court. But the tribunal let the Rivers State persons both the right of appeal and Government get away with the explanation e illustrated with access to ordinary courts, the trial was that either notape of the broadcast existed e case of Adam who flawed. 'Nothing that I saw or heard in or that it had been erased. When this was asked to explain allayed the grave doubts as to its explanation did not prompt the tribunal to himself before he was (the tribunal's) legality and fairness' accept the copy provided by the defence, Birnbaum later wrote. punished. Auta, the the defence team withdrew saying the tribunal had shown one pro-government tribunal chairman, asked Birnbaum refused to buy bias too many. if God also took Agbamuche's explanation that the explanations from the government resorted to using a tribunal to Thus on 22 June 1995, the defence serpent before punish- ensure a speedy trial. In his rebuttal of lawyers announced their withdrawal. Ken ing it? Falana replied Agbamuche, Birnbaum quoted Justice agreed with itwholeheartedly, convinced that a serpent is not a Augustine Nnamani: 'If speed is the main that a continuation of the case by the consideration, it would have been better lawyers would only accord legitimacy to human being. to take definite steps to deal with the a flawed process. When the tribunal 1 answer. The tribunal was not swayed by known factors for delay in the courts. appointed lawyers for the accused, Ken the lawyer's argument that even if the Instead, the government elected to furnish refused to co-operate with them. The prosecution's claim was true that Ken had the tribunal with hi-tech aids like computer prosecution kept on calling witnesses who blamed the gentlemen gathered atGrokoo and automatic recording machines. left the witness stand without being cross- on 21 May 1994 for his banishment to examined. When the prosecution closed Port-Harcourt, that did not amount to an On allegations of bias by the its case, Ken's court-appointed lawyer incitement to kill. The lawyer insisted that tribunal, Birnbaum feltthey were true. And made a 'no-case' submission. the claim was not even true, as the he cited two instances. One was that the policemen who escorted Ken back to Port- On 13 September 1995, the tribunal went ahead to try 15 people Harcourt did not write that in their tribunal ruled that Ken, alongside the when the summary of evidence provided statement. other accused persons, had a case to by the prosecution disclosed no case against 1 1 of them. Well, even before 31 Indeed, government, rather than October 1995, the tribunal, determined who would go on GLENDORA the tribunal's trial and when. By the Civil Disturbances verdict was Decree 2 of 1 987, it is the tribunal that obvious. That day ought to decide if it is satisfied that a basis it found Ken guilty REVIEW exists to try an accused person. Yet the and said his government decided there must be a trial punishment well before passing any information to the would be death tribunal. The first date of the trial was filed by hanging. The for 16January 1 995. The prosecution did sentence was not apply to start the trial until 28 January pronounced with 1995. all gravity, but justice The second evidence of bias unfortunately was Birnbaum noticed involved the use of not seen to have simultaneous trials involving the same been done. witnesses and the same summary evidence. Part of the That raised the danger of placing accused ammunition that persons in double jeopardy. was used to assail It is now history. Even before the full not only the record of proceedings had reached them, verdict, but the entire process that the military authority confirmed the produced it had sentence and ordered the execution of been provided by Ken and eight others. What is not so Subscribe Today Michael obvious is whether the Ogoni debacle Birnbaum, a would eradicate tribunals from Nigeria's British Queen's legal system GR

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