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More facts have emerged on the infamous annulment of the June 12,1993 Presidential election widely believed to have been won by business mogul, Chief M.K.O Abiola as Legal luminary, Chief Wole Olanipekun revealed that the late military junta, General Sani Abacha orchestrated alteration of judicial paradigm with the promulgation of the draconia Decree No. 107 of 1993.
The estwhile President of the Nigerian Bar Association (NBA) stated this while delivering his keynote address entitled ” Justice and Equity: Solution To Socio-economic Problems In Nigeria ” at the 11th Annual Public Lecture In honour of Pastor Enoch Adeboye’s 83rd Birth Anniversary.
The Asiwaju of Ikere-Ekiti Kingdom described Pastor Adeboye “as a living legend who has contributed so much to societal values, ethos, pathos, credo and its upliftment”
Speaking on the subject matter, Chief Olanipekun argued that “principles of social justice and the assumptions of the conflict theory are useful in understanding and resolving the Nigerian challenge.
According to him, the present structure of the Nigerian justice delivery system had significantly impacted on the equitable dispensation of justice.
He explains that “the institution of justice, though occupied exclusively by human beings, is linked inextricably with the divine. It is thus expected that the way justice is dispensed should be of great interest not only to the human society but also to the Almighty God, the creator of heaven and earth.
The foremost lawyer identified some recent controversial debates to include the resumed Ogoni agitation, the controversial tax bills, and the clamour for creation of 31 (thirty-one) additional states.
The highlight of the ceremony was a Panel Discussion which featured the Chairperson of Oyo State Anti- Corruption Agency Justice Eni Esan and a retired Deputy Inspector General of Police, Pastor Leye Oyebade
In their separate submissions they applauded Chief Olanipekun’s encyclopedic lecture on Justice and Equity. They also aligned with Olanipekun’s position on the need for a new constitution.
Revealing more facts about the infamous annulment of the June 12 Presidential poll, Olanipekun said the alteration of judicial paradigm was orchestrated by the junta as a cover up for his extrajudicial exploits during one of the nation’s most turbulent era
Going down the memory lane, Olanipekun said “It is common knowledge that the late politician, renowned accountant and foremost business mogul, Chief M.K.O Abiola, GCFR, won the June 12, 1993 presidential election. No less a personality than the then Military President, General Ibrahim Babangida formally confirmed this recently, during the public presentation of his autobiography on February 20, 2025.
“Shortly before and after the 1993 presidential election, a flurry of developments followed, starting from the judgment of Justice Bassey Ikpeme of the High Court of the Federal Capital Territory on June 10, 1993, purportedly restraining the holding of the election (which invariably held), followed by the promulgation of Decree No. 61 of August 26, 1993, signed by General I. B. Babangida, not only nullifying the presidential election of June 12, 1993, but also establishing an Interim National Government.
The Interim National Government was dissolved by General Sani Abacha on November 17, 1994 by Decree No. 23, a Decree which also declared null and void and of no effect whatsoever, the decision of Akinsanya J of the High Court of Lagos State (which, inter alia, had declared as unconstitutional, null and void, the Interim National Government).
“Before the ascension of power by General Sani Abacha, all Judges/Justices of our superior courts of record retired at the age of sixty-five. It was General Abacha who, by Decree No. 6 of 1997, amended section 255 of the 1979 Constitution to increase the retirement age of Justices of the Supreme Court and the Court of Appeal to seventy years, not only for political reasons, but also to ensure that Abiola’s appeal at the Supreme Court was frustrated, as he failed, refused and neglected to appoint any Justice to the Supreme Court immediately after the decision of the apex Court in Abiola v. FRN supra, where the then Chief Justice of Nigeria and six other Justices disqualified/recused themselves from hearing all matters pertaining to Chief M.K.O Abiola.
With the disqualification of seven of the Justices of the Supreme Court, the remaining Justices could not form a quorum of five to hear or determine any appeal or matter relating to or concerning Chief Abiola. Thus, his appeal to the Supreme Court was politically frustrated, while he languished in detention till he died. Today, the amendment contained in Decree No. 6 of 1997 has been transferred to section 291 of the 1999 Constitution, except that President Bola Ahmed Tinubu assented to the Bill”
Decree No. 107 of 1993 which radically amended section 230 of the 1979 Constitution, by exponentially expanding the jurisdiction of the Federal High Court to include nearly all subjects and causes imaginable, including “the operation and the interpretation of this Constitution in so far as it affects the Federal Government or any of its agencies.” Since then, the jurisdictional landscape of Nigeria changed, and the State High Courts are now left with what I describe as ‘agrarian jurisdiction’. It is that amendment contained in the 2nd Schedule of Decree 107 of 1993, expanding the jurisdiction of the Federal High Court that has now been transplanted into section 251 of the 1999.
“Sensing that any Judge of the High Court of Lagos State or a Judge of any State High Court might, in any cause filed to challenge his usurpation of power, General Sani Abacha quickly promulgated Decree No. 107 of 1993 which radically amended section 230 of the 1979 Constitution, by exponentially expanding the jurisdiction of the Federal High Court to include nearly all subjects and causes imaginable, including “the operation and the interpretation of this Constitution in so far as it affects the Federal Government or any of its agencies.
”Since then, the jurisdictional landscape of Nigeria changed, and the State High Courts are now left with what I describe as ‘agrarian jurisdiction’. It is that amendment contained in the 2nd Schedule of Decree 107 of 1993, expanding the jurisdiction of the Federal High Court that has now been transplanted into section 251 of the 1999 Constitution.
Dwelling on the misconceptions ,Olanipekun said “Justice and equity are like the proverbial elephant brought before a group of blind men who had never had the privilege of sight. They were individually asked to describe the elephant which they could only sense by touching. Each man felt a different part and described the elephant based on his limited experience.
One touched the trunk and thought the elephant was like a snake; another felt the ear and believed it’s like a fan; the third touched the leg and said it’s like a tree; another felt the side and described it as a wall. One touched the tusk and thought it’s like a spear; and the last one felt the tail and believed it’s like a rope. All this lends credence to the fact that, what justice and equity might mean to one, might be construed by another as injustice.”
He explains that Justice and Equity are sacrosanct ideals to humanity and they are the cornerstones ,ultimate safeguards of human rights, dignity and moral order in every society.
The keynote speaker said “Social justice is a concept that evolved from religion. It is justice, not in the strict juridical sense, but in relation to the distribution of resources, opportunities, and privileges in society”
According to him ,”justice is rooted in confidence and the courts should abstain from doing anything that may erode the root of justice. The courts should enhance confidence in the administration of justice”
“The relevance of equity to justice could be explained in terms of ‘fairness’ and ‘good faith’ which are indispensable components of justice. Therefore, when contextually examined, it is only ideal to expect an intertwine between the concepts of justice and equity.
Anything short of this, would naturally impeach the credibility of the system that has mid-wived such kind of ‘justice.’ Just like the blood and the blood bank, justice is as durable as its purveyor.
In his remarks, the General Overseer , Pastor Enoch Adeboye who was represented by his wife, Pastor Folu Adeboye, noted that Nigerians should take their destiny in their hands by being purveyors of good deeds that would give the country a systemic change for good.
She noted that it was time Nigerians begin to lead by example and not join multitude to do evil that would have a negative impact on the country.
“How much of what we have heard from Chief Olanipekun today are we going to apply? Talking about the Constitution of Nigeria, we can all rewrite it through our behavior. We must change the narrative by doing what is right. We must start from our homes, how we nurture our children and how we lead by example.
“Our judgment must be fair at all times. We must practice equity and Justice must be seen to be done always in our little affairs
“Let us go back to the word of God and look at the life of King Solomon who applied wisdom when judged the case of the two women with children. Let us pray for wisdom for us and our leaders. There is nothing God cannot do.”
She commended Olanipekun for his “well researched” lecture, noting that no one could have given a better insights into the topic than he did.
“Your brilliant exposition and insights cannot go unnoticed. Nobody else could have done this except a lawyer like you. He even went into the indepth of the scripture in the Bible. That really touched me.
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