| Buhari, Babangida,
others may be tried for treason over 1983 coup –FG
By GODWIN
TSA Abuja
Thursday,
February 15, 2007
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•Generals
Mohammadu Buhari
Photo: Sun News Publishing |
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Generals Mohammadu Buhari, Ibrahim Babangida, Domkat Bali,
Admiral August Aikhomu and Air vice Marshal Ibrahim Alfa have been dragged before
an Abuja High Court by a legal practitioner, Mr. Christian Ewere Onwugbonu, who
is asking for an order of mandamus, compelling the Federal Government to prosecute
the retired military personnel over the 1963 coup.
General Buhari is the
All Nigeria Peoples Party [ANPP] presidential candidate for the April 2007 general
elections.
Also mentioned for prosecution in the consolidated suits are Generals
Mohammed Magoro, Ola Oni, M.J. Nasco, Y.Y. Kure and Salihu Ibrahim.
The
applicant in his motion exparte, is asking for “an order for leave to apply
for an order of mandamus compelling the DPP to exercise its discretion, one way
or the other, with the prosecution of the retired military officers for treasonable
felony in respect of the December 31 1983 coup de’tat, and where he declines
prosecution, to indicate same by endorsement of a certificate on the information
submitted to it by the applicant on August 18 2006.”
The trial judge,
Justice Lawal Gummi had already granted an order directing the applicant to put
the DPP on notice to show cause why the orders being sought by the applicants
should not be granted.
Responding to the suit through a preliminary objection,
the Federal Government through the DPP is claiming that the Abuja High Court lacked
the requisite power to compel, such forced action, adding that the Federal High
Court was better positioned for such directive.
The Federal Government
did not raise any objection to the prayer of the applicant.
In his arguments,
the DPP, Mr. Salihu Aliyu referred the court to the case of NEPA V Sunday Ededero
&15 others, 2002 18NWLR Part 798 to buttress his claim that the applicant
was seeking the right request at the wrong place. He further submitted that parties
were not in doubt and that the right party to be compelled by the court was the
DPP.
He, however, said that since he was a functionary of the Federal Government
and his office, an agent of the same government, the proper court to seek the
prayer for the forced trial was the Federal High Court and not the Abuja High
Court.
The applicant subsequently asked the court for an adjournment to reply
on point of law, to the submission of the DPP. Further hearing in the matter continues
today.
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