ABUJA—ABOUT three years after the Human Rights Violations and Investigation Commission (HRVIC), popularly called Oputa panel completed its assignment and handed over its report to the Federal Government, former Head of State, General Abdulsalami Abubakar has secured a legal victory at the Federal high court, Abuja, nullifying a summons issued on him to appear before the panel.
Gen Abubakar was invited over allegation of human right abuses leveled against him.
A former Head of State, General Ibrahim Badamosi Babangida, it would be recalled, also got a similar relief from a Lagos high court when he was summoned to appear before the panel. But his relief was procured by his counsel, Chief FRA Williams (SAN) at the time the panel was still sitting.
Although belated, Gen Abubakar procured his order nullifying the summons issued on him by the commission through his counsel, Chief Olajide Ayodele (SAN).
The legal move to set aside the summons itself was commenced on October 10, 2001 before Justice Stephen Adah of the Federal high court, Abuja.
Gen Abubakar, in his bid to void the summons sued the Commission (HRVIC), its chairman, Justice Chukwudifu Oputa and the Attorney General of the Federation.
Justice Stephen Jonah Adah sat on the case while hearing in various petitions before the commission lasted.
Gen Abubakar, like other past heads of state summoned, did not appear before the commission, having gone to court to challenge the legality of the summons issued on him. Even though the commission had since wound up its sitting, prepared its report, Gen Abubakar did not terminate the litigation.
Delivering judgment in the matter early this month, the court held thus:
* The order by Justice Oputa acting as the Chairman of HRVIC to hear the applicant’’s counsel or allow the applicant (Gen Abubakar) through his counsel to cross examine the commission’’s witnesses and call his own witnesses to testify before the tribunal in respect of the allegations made against him by some of the commission’’s witnesses is accordingly quashed.
* That the order made by the 2nd respondent in the composite ruling of the HRVIC (Oputa panel) affecting the plaintiff/Applicant in petition number 458/695 delivered on October 3, 2001 is hereby quashed.
* That the summons issued by the 1st and 2nd respondents requiring the applicant
(Abubakar) to appear before them in connection with petitions number 458 and 695 in which plaintiff was accused by the second respondent’’s witnesses is unconstitutional, illegal and void in that it contravenes the rights of the plaintiff to fair hearing before a court or tribunal as guaranteed under section 36 of the 1999 constitution.
* That the said summons is accordingly set aside.
* That it is not lawful for the respondents to summon the plaintiff to appear before it to testify or to produce documents.
