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| Judicial symbol for justice |
Lt. Gen. Victor Malu, CFR, who died in Cairo, Egypt recently, will be more remembered for his role as the President of the Special Military Tribunal that tried Lt. Gen. Oladipo Diya, the then number 2 man in the country and others in 1998, than his tenure as the Chief of Army Staff under President Olusegun Obasanjo. Those close to him maintained that he was a General who had courage.
On December 21, 1997, the Chief of General Staff who was the Number two man in the country, Lt. Gen. Oladipo Diya, from Odogbolu in Ogun State, along with some officers were arrested at different locations in the country. They included Maj. Gen. Tajudeen Olanrewaju, a former General Officer Commanding 3 Armoured Division of the Nigerian Army and Maj. Gen. Abdulkareem Adisa, who was then the Minister for Works and Housing but had earlier served as the Military Governor of Oyo State. Adisa hailed from Ilorin in Kwara State. He was admitted into the Nigerian Military School, Zaria in 1962 and gained admission into the Nigerian Defence Academy on September 3, 1967 as member of the 3 Regular Course. During his tenure as the Minister of Works, Adisa set up a three-man panel in 1997 to probe the construction of the Ibadan-Ife Dual Carriageway project which was badly constructed by a foreign construction company. The probe panel was headed by Lt. Col. Azubuike Ihejirika (as he then was) with Major Benjamin Muyiwa Badewole (as he then was) as the Secretary.
Maj. Gen. Tajudeen Olanrenwaju alias “Jasper” from Isale Igangan, Lagos Island, was a former footballer at the Ahmaddiya Muslim College, Agege where he played with the likes of Muyiwa Oshode, Ismaila Mabo, Tunde Disu, Garba Okoye, Olowo Oshodi and Tony Igwe.
Prof. Femi Odekunle, Political Adviser to Diya, was also arrested for the memo he had written to his principal captioned, “Confidential Memo Not For Filing”.
From the account of Badewole, who was assigned to defend Odekunle at the tribunal, the Professor, in the memo, counselled Diya to “test the limits of his power” as the Number 2 man instead of constantly grumbling and complaining of being sidelined by the Head of State, Gen. Sani Abacha.
Following the arrest of the officers, Abacha, operated without a deputy.
On January 3, 1998, the Chief of Defence Staff, Maj. Gen. Abdusalmi Abubakar set up a Special Investigation Panel made up of 12 senior military officers to investigate the alleged coup plot. The panel was headed by Maj. Gen. Chris Garuba, from Ipole, Otukpa, Benue State. Garuba who now attends regular Christian fellowship in Abuja with his pretty wife, Rita, had served as the Military Governor of Bauchi State. Garuba enrolled at the NDA as a member of the 3rd Regular Course in September 1967. Other members of his panel included Brig. Gen. Yusuf Abubakar, Navy Commodore Adeyemi Afolayan, Grp Capt AbdulRahman Sulayman, and Lt. Col. Joseph Akaagerger, who later became the Governor of Katsina State was the Secretary of the SIP. The panel recommended the setting up of a Special Military Tribunal to try the arrested officers.
On February 10, the then Chief of Defence Administration, Rear Admiral Festus Porbeni, also of Course 3 of the NDA, announced the setting up of a Special Military Tribunal to try the detained Military Officers and some civilians. The seven-man panel was headed by Malu, also of Course 3 of the NDA. Other members of the SMT included Brig. Gen. Karmashe and Brig V. Ombu. The Judge Advocate of the Tribunal was Lt. Col. Y.J. Braimah. The prosecution team of the tribunal included Col. Z. Shuaibu and Col. Dave Ike while the members of the defence team included the then Col. Ovo Adhekegba, the then Col. J.A. Okunbor, Col. Ahmedu, Badewole and Lt. Col. S. Audu. Porbeni gave Malu’s tribunal one month to complete its sitting.
On February 14, the tribunal held its first sitting in Jos, Plateau State. During the arraignment, Diya asked the tribunal, “Where is the Chief of Army Staff, Gen. Bamaiyi, the mastermind, the planner and the executioner of the coup”? The first prosecution witness was Brig Gen. Patrick Aziza.
The trial was held in camera at the Rayfield GRA, Jos, Plateau State but the proceedings were filmed on a daily basis and sent to Abacha for his personal viewing.
Before sentencing the officers, Malu held a private meeting with Abacha at the Aso Rock Villa in Abuja and intimated him of those guilty and those not guilty at which Abacha was shocked especially that Odekunle was not found guilty.
On Tuesday, April 28, 1998, Malu’s tribunal sentenced Diya and others to death. Those sentenced to death alongside Diya, former Vice Chairman, Provisional Ruling Council, and Chief of General Staff, were Adisa, Olanrewaju; Major Seun Fadipe, Chief Security Officer to Diya; Col. Olu Akinyode, a former Military Assistant to Olanrewaju and a civil engineer, Bola Adebanjo, an associate of Diya. Four of the accused persons were convicted of “information gathering” and implication in the alleged coup plot, and sentenced to life imprisonment. They were Col. Edwin Jando, Mr. Isaiah Adebowale, Mr. Niran Malaolu (Editor of Diet Newspaper) and Mrs. Shola Soile. Fadipe, who was sentenced to death, had already pleaded guilty on the opening day of the trial. “I am not here to waste anybody’s time”, he was quoted as saying. Two of the accused persons were convicted of theft and sentenced to 14 years’ imprisonment: Lt. Col. I.E. Yankasai and Major Biliaminu Mohammed. Col. Yakubu Bako was convicted for illegal importation of firearms and was sentenced to 10 years imprisonment. Three were convicted of theft and handling of stolen goods. They were sentenced to various prison terms: Ojeniyi Adeola (two years), Michael Maidamino (five years) and GaladimaTanko (two years). The tribunal acquitted 14 persons on unspecified charges: Major Yusuf Isiaku, Navy Captain B.A. Shoetan, Warrant Officer Coker Oladosu, Staff Sergeant Moses Eni, Corporal I. Kontagora, Corporal Eddy Egbunu, Bawa Machido, Omatimehin Abimbola, Halima Bawa (female who was never shackled), Eliyasu Mohammed, Odekunle, Chief Yomi Tokoya, Mr. Musa Adede (a businessman) and Ibrahim Moussa Orgar.
Released uncharged on April 20, 1998 included Col. Daniel Akintonde, a former Military Governor of Ogun State and Col. Emmanuel Shoda.
In sentencing the officers, Malu said there was overwhelming evidence proving Diya had amassed a small army of loyal troops by the time his plot to overthrow the regime was discovered. Malu dismissed Diya’s claims of innocence. “The findings of the tribunal were that he presided over and actively participated in several meetings in which the coup was discussed.” Malu said, “The coup would have been carried out on December 20, the day that most of the accused persons were picked up”. He said soldiers had already begun moving into positions to overthrow the government. Malu also said Diya had no defence for having taken part in meetings that plotted the overthrow of Abacha.” Any officer who was given any information or who was invited to a meeting should report to the authorities of the plot when they were approached by those he claimed initiated it,” Malu said.
On the directive of Abacha, the then Secretary to the Government of the Federation, who was also the Secretary of the Provisional Ruling Council and Head of Service, Alhaji Gidado Idris, summoned to a meeting of the Provisional Ruling Council for Monday, June 8, 1998 to deliberate on Malu’s report whether to confirm or reject the report. The 22 members of the Provisional Ruling Council included Abacha, Lt. Gen Jeremiah Useni, Alhaji Ibrahim Coomasie, Inspector General of Police; Maj. Gen. John Inienger, Maj. Gen. Abduallahi Seriki Mukthar, Maj. Gen. Mufu Balogun, Rear Admiral Taiwo Odedina, Malu, Rear Admiral Rufus Eyitayo, Commodore Victor Ombu, Lt. Gen. B. Haladu, Air Commodore Kamis Uwenwailiri, Major Gen. Felix Mujaperuo, Bamaiyi, Maj. Gen. Peter Shaa, Rear Admiral Mike Akhigbe, Commodore Anthony Oguguo, Maj. Gen. Bashir Magashi and the Chief of Defence Staff, Maj. Abdusalami Abubakar.
The confirmation by the Provisional Council would have led to the execution of Diya and others on the night of June 8 or the following day June 9 in a purely military fashion.
But, in the early hours of that Monday, June 8, 1998, Abacha answered the final call.
On December 21, 1997, the Chief of General Staff who was the Number two man in the country, Lt. Gen. Oladipo Diya, from Odogbolu in Ogun State, along with some officers were arrested at different locations in the country. They included Maj. Gen. Tajudeen Olanrewaju, a former General Officer Commanding 3 Armoured Division of the Nigerian Army and Maj. Gen. Abdulkareem Adisa, who was then the Minister for Works and Housing but had earlier served as the Military Governor of Oyo State. Adisa hailed from Ilorin in Kwara State. He was admitted into the Nigerian Military School, Zaria in 1962 and gained admission into the Nigerian Defence Academy on September 3, 1967 as member of the 3 Regular Course. During his tenure as the Minister of Works, Adisa set up a three-man panel in 1997 to probe the construction of the Ibadan-Ife Dual Carriageway project which was badly constructed by a foreign construction company. The probe panel was headed by Lt. Col. Azubuike Ihejirika (as he then was) with Major Benjamin Muyiwa Badewole (as he then was) as the Secretary.
Maj. Gen. Tajudeen Olanrenwaju alias “Jasper” from Isale Igangan, Lagos Island, was a former footballer at the Ahmaddiya Muslim College, Agege where he played with the likes of Muyiwa Oshode, Ismaila Mabo, Tunde Disu, Garba Okoye, Olowo Oshodi and Tony Igwe.
Prof. Femi Odekunle, Political Adviser to Diya, was also arrested for the memo he had written to his principal captioned, “Confidential Memo Not For Filing”.
From the account of Badewole, who was assigned to defend Odekunle at the tribunal, the Professor, in the memo, counselled Diya to “test the limits of his power” as the Number 2 man instead of constantly grumbling and complaining of being sidelined by the Head of State, Gen. Sani Abacha.
Following the arrest of the officers, Abacha, operated without a deputy.
On January 3, 1998, the Chief of Defence Staff, Maj. Gen. Abdusalmi Abubakar set up a Special Investigation Panel made up of 12 senior military officers to investigate the alleged coup plot. The panel was headed by Maj. Gen. Chris Garuba, from Ipole, Otukpa, Benue State. Garuba who now attends regular Christian fellowship in Abuja with his pretty wife, Rita, had served as the Military Governor of Bauchi State. Garuba enrolled at the NDA as a member of the 3rd Regular Course in September 1967. Other members of his panel included Brig. Gen. Yusuf Abubakar, Navy Commodore Adeyemi Afolayan, Grp Capt AbdulRahman Sulayman, and Lt. Col. Joseph Akaagerger, who later became the Governor of Katsina State was the Secretary of the SIP. The panel recommended the setting up of a Special Military Tribunal to try the arrested officers.
On February 10, the then Chief of Defence Administration, Rear Admiral Festus Porbeni, also of Course 3 of the NDA, announced the setting up of a Special Military Tribunal to try the detained Military Officers and some civilians. The seven-man panel was headed by Malu, also of Course 3 of the NDA. Other members of the SMT included Brig. Gen. Karmashe and Brig V. Ombu. The Judge Advocate of the Tribunal was Lt. Col. Y.J. Braimah. The prosecution team of the tribunal included Col. Z. Shuaibu and Col. Dave Ike while the members of the defence team included the then Col. Ovo Adhekegba, the then Col. J.A. Okunbor, Col. Ahmedu, Badewole and Lt. Col. S. Audu. Porbeni gave Malu’s tribunal one month to complete its sitting.
On February 14, the tribunal held its first sitting in Jos, Plateau State. During the arraignment, Diya asked the tribunal, “Where is the Chief of Army Staff, Gen. Bamaiyi, the mastermind, the planner and the executioner of the coup”? The first prosecution witness was Brig Gen. Patrick Aziza.
The trial was held in camera at the Rayfield GRA, Jos, Plateau State but the proceedings were filmed on a daily basis and sent to Abacha for his personal viewing.
Before sentencing the officers, Malu held a private meeting with Abacha at the Aso Rock Villa in Abuja and intimated him of those guilty and those not guilty at which Abacha was shocked especially that Odekunle was not found guilty.
On Tuesday, April 28, 1998, Malu’s tribunal sentenced Diya and others to death. Those sentenced to death alongside Diya, former Vice Chairman, Provisional Ruling Council, and Chief of General Staff, were Adisa, Olanrewaju; Major Seun Fadipe, Chief Security Officer to Diya; Col. Olu Akinyode, a former Military Assistant to Olanrewaju and a civil engineer, Bola Adebanjo, an associate of Diya. Four of the accused persons were convicted of “information gathering” and implication in the alleged coup plot, and sentenced to life imprisonment. They were Col. Edwin Jando, Mr. Isaiah Adebowale, Mr. Niran Malaolu (Editor of Diet Newspaper) and Mrs. Shola Soile. Fadipe, who was sentenced to death, had already pleaded guilty on the opening day of the trial. “I am not here to waste anybody’s time”, he was quoted as saying. Two of the accused persons were convicted of theft and sentenced to 14 years’ imprisonment: Lt. Col. I.E. Yankasai and Major Biliaminu Mohammed. Col. Yakubu Bako was convicted for illegal importation of firearms and was sentenced to 10 years imprisonment. Three were convicted of theft and handling of stolen goods. They were sentenced to various prison terms: Ojeniyi Adeola (two years), Michael Maidamino (five years) and GaladimaTanko (two years). The tribunal acquitted 14 persons on unspecified charges: Major Yusuf Isiaku, Navy Captain B.A. Shoetan, Warrant Officer Coker Oladosu, Staff Sergeant Moses Eni, Corporal I. Kontagora, Corporal Eddy Egbunu, Bawa Machido, Omatimehin Abimbola, Halima Bawa (female who was never shackled), Eliyasu Mohammed, Odekunle, Chief Yomi Tokoya, Mr. Musa Adede (a businessman) and Ibrahim Moussa Orgar.
Released uncharged on April 20, 1998 included Col. Daniel Akintonde, a former Military Governor of Ogun State and Col. Emmanuel Shoda.
In sentencing the officers, Malu said there was overwhelming evidence proving Diya had amassed a small army of loyal troops by the time his plot to overthrow the regime was discovered. Malu dismissed Diya’s claims of innocence. “The findings of the tribunal were that he presided over and actively participated in several meetings in which the coup was discussed.” Malu said, “The coup would have been carried out on December 20, the day that most of the accused persons were picked up”. He said soldiers had already begun moving into positions to overthrow the government. Malu also said Diya had no defence for having taken part in meetings that plotted the overthrow of Abacha.” Any officer who was given any information or who was invited to a meeting should report to the authorities of the plot when they were approached by those he claimed initiated it,” Malu said.
On the directive of Abacha, the then Secretary to the Government of the Federation, who was also the Secretary of the Provisional Ruling Council and Head of Service, Alhaji Gidado Idris, summoned to a meeting of the Provisional Ruling Council for Monday, June 8, 1998 to deliberate on Malu’s report whether to confirm or reject the report. The 22 members of the Provisional Ruling Council included Abacha, Lt. Gen Jeremiah Useni, Alhaji Ibrahim Coomasie, Inspector General of Police; Maj. Gen. John Inienger, Maj. Gen. Abduallahi Seriki Mukthar, Maj. Gen. Mufu Balogun, Rear Admiral Taiwo Odedina, Malu, Rear Admiral Rufus Eyitayo, Commodore Victor Ombu, Lt. Gen. B. Haladu, Air Commodore Kamis Uwenwailiri, Major Gen. Felix Mujaperuo, Bamaiyi, Maj. Gen. Peter Shaa, Rear Admiral Mike Akhigbe, Commodore Anthony Oguguo, Maj. Gen. Bashir Magashi and the Chief of Defence Staff, Maj. Abdusalami Abubakar.
The confirmation by the Provisional Council would have led to the execution of Diya and others on the night of June 8 or the following day June 9 in a purely military fashion.
But, in the early hours of that Monday, June 8, 1998, Abacha answered the final call.
By Teniola, a Former Director at the Presidency, stays in Lagos.
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