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| Saro-wiwa |
A Federal High Court sitting in Port Harcourt yesterday stopped a suit filed by a group seeking to annul the Ogoni Civil Disturbance Tribunal which sentenced Ogoni rights activist, Mr. Ken Saro- Wiwa, and eight others to death by hanging.
The group, Ken Saro- Wiwa Associates, had approached the court, asking it to declare the special tribunal constituted by the military government and the process of setting up the panel as unlawful. The group had also asked the court, among other reliefs sought, to set aside the judgment of the tribunal against Ken Saro-Wiwa and the others on October 31, 1995.
It further prayed the court to hold that the special tribunal was unlawful and acted contrary to the African Charter on Human rights, stressing that its operations were illegal. Delivering its ruling, the trial judge, Justice Mohammed Liman, condemned the ruling of the tribunal that convicted the nine activists, noting that such laws cannot exist in a civilised society.
Liman held that the tribunal was not properly constituted, noting that three men formed the tribunal whereas the constitution provides for the chairman and three other members. Liman, however, struck out the case on the basis of applicant was unable to state his relationship with the convicts. He ruled that the applicant had nothing to gain or lose in the matter, adding that it was for academic reasons.
Speaking outside the courtroom, the counsel to the applicant, Mr. Golden Aawi, said he was satisfied with the ruling of the court, pointing out that the court had in its judgment condemned the killing of the Ogoni sons. Aawi stated that the court based its judgment on the 1st and 7th grounds, stating that the judgment does not invalidate the claims of the complainant. Meanwhile, the applicant, who is the leader of Ken Saro-Wiwa Associates, Chief Gani Topba, told The Nation that he would appeal the judgment of the High Court which struck out his application.
