How Abacha military junta killed Ogoni 4 and Ogoni 9 – Falana

Mr. Femi Falana SAN has said that the Ogoni 4 and the Ogoni 9 were brutally killed by the Sani Abacha military junta in 1995.

While speaking at the 84th posthumous birthday lecture of Ken Saro-Wiwa in Port Harcourt yesterday, the frontline human rights lawyer gave a vivid account of the tragic incident.

The lawyer who along with Chief Gani Fawehinmi SAN defended Ken Saro-Wiwa and other MOSOP leaders said that they withdrew from the proceedings when the special military tribunal frustrated them from tendering vital material evidence in favour of the accused persons.

According to Mr. Falana, “in a desperate bid to exploit the oil resources without control,  Shell Petroleum Development Company was granted licences by the Nigerian State to import arms and ammunition into the country under the pretext of protecting its assets. The weapons were later found in the hands of militant youths as communities were instigated to attack and fight themselves.  This was done to divert the attention of the people while the oil-rich region was fully exploited by Shell and other  oil companies.

When the divide and rule tactics of the multinational companies failed to silence the Ogoni people, the Task Force led by Col. Paul Okintimo took up the assignment of recruiting misguided militants  to kill the Ogoni 4. Hence, when the leaders were attacked and killed by the youths, the soldiers who were present at the scene of the crime did not make any arrest. The bodies of the deceased were taken away by the soldiers to an unknown place.”

Mr. Falana further revealed that “As soon as Col Okintimo informed the military authorities of the killing of the Ogoni 4, the military governor of Rivers State,  Col. Dauda Komo announced that Ken Saro-Wiwa and other MOSOP leaders would be held vicariously liable for the brutal murder of the Ogoni 4. The prejudicial statement was made by Col Komo before the commencement of investigation into the dastardly act.

The charge of murder filed at the High Court of Rivers State against Ken and other MOSOP leaders was discontinued when  the prosecutors pointed out to the junta that the evidence was too weak to secure the conviction of the Ogoni 9. On the orders of General Sani Abacha,  a special military tribunal was constituted for the trial. The tribunal rejected the vital material evidence of the defence to pave the way for the conviction and death sentences passed on the Ogoni 9.”

On the execution of the Ogoni 9, Mr. Falana said that : “Under section 7 of the Civil Disturbances Decree, the Tribunal was required to furnish the PRC with the record of proceedings for the purpose of confirming or rejecting the conviction and sentences. But the Provisional Ruling Council purportedly confirmed the death sentences and gave orders for the secret execution of the Ogoni 9 when the tribunal had not compiled the record. It was on the basis of the illegality that characterised the mock trial, Nigeria was suspended from the Commonwealth of Nations.”

However,  Mr. Falana recalled that the case was reopened at the  Oputa Panel on Human Rights Abuse set up by the Olusegun Obasanjo administration in 1999. He informed the audience that irrefutable evidence was led  to prove that the Ogoni 4 and Ogoni 9 were killed by the Sani Abacha military junta. Hence,  the panel proceeded to unite the family members of the Ogoni 13 before leaving Port Harcourt.

It is Mr. Falana’s view that  it was in  accordance with the recommendation of the Oputa Panel that:  “the Bola Tinubu administration has deemed it to bring closure to the tragic incident and further unite the Ogoni people by granting pardon to the Ogoni 9 and conferring  posthumous national honour on the Ogoni 13.”

Mr. Falana congratulated the Ogoni people and the entire people of Niger Delta region for recording significant success in the struggle for a safe and healthy environment. He listed the gains to include “the derivation fund provided under Section 162(2) of the 1999 Constitution which mandates that 13 percent of revenue from the resources be returned to states from where such resources are produced.”

He disclosed that between January and May 2025, the nine oil-producing states received a total of N620.23 billion from the Federation Account as 13 per cent derivation. Since the humongous sums have not impeoved the lives of the people in the Niger Delta region, Mr Falana called on MOSOP to lead a campaign for the allocation of not less that 5 percent to the oil producing community in every oil producing state.

Another gain is section 257 (2) of the Petroleum Industry Act, which stipulates that oil and gas companies shall remit three per cent (3%) of their annual operational expenditure to affected host communities. Mr. Falana referred to the statement of Chief Executive of the National Upstream Petroleum Regulatory Commission, Mr. Gbenga Komolafe who disclosed that the Host Community Development Trusts have remitted N122.34 billion and$ 168.91 million to the host communities as of October 2025. This translates to a combined remittance of over N358.67 billion based on the prevalent exchange rate in enthroning a conducive host environment in Nigeria and  that the NUPRC is overseeing at least 536 projects at various stages of completion including schools, health centres, roads and vocational centres. funded by the trust fund.

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