Human rights advocate and Senior Advocate of Nigeria, Mr. Femi Falana, has accused the Sani Abacha military regime of orchestrating the deaths of the Ogoni 4 and Ogoni 9 in 1995, describing the executions as “brutal and illegal.” Speaking at the 84th posthumous birthday lecture of Ken Saro-Wiwa in Port Harcourt, Falana recounted the events that led to the killings and the subsequent miscarriage of justice.
Falana, who alongside the late Chief Gani Fawehinmi SAN defended Saro-Wiwa and other leaders of the Movement for the Survival of the Ogoni People (MOSOP), said their legal team was forced to withdraw from the trial when the special military tribunal blocked them from presenting crucial evidence.
“In a desperate bid to exploit the oil resources without control,” Falana said, “Shell Petroleum Development Company was granted licences by the Nigerian State to import arms and ammunition under the guise of protecting its assets. These weapons ended up in the hands of militant youths, and communities were incited to attack one another. It was a calculated distraction while the oil-rich region was being plundered.”
He alleged that when Shell’s divide-and-rule tactics failed, the military Task Force led by Colonel Paul Okuntimo recruited “misguided militants” to murder the Ogoni 4. “When the leaders were attacked and killed by the youths,” Falana stated, “soldiers present at the scene made no arrests. Instead, they took the bodies to an undisclosed location.”
According to Falana, Colonel Dauda Komo, then military governor of Rivers State, prematurely declared Ken Saro-Wiwa and other MOSOP leaders vicariously liable for the killings before any investigation had begun. “That prejudicial statement,” he said, “set the tone for a trial that was never meant to be fair.”
He revealed that the initial murder charges filed at the Rivers State High Court were dropped due to weak evidence. However, under direct orders from General Abacha, a special military tribunal was convened. “The tribunal rejected vital defence evidence,” Falana said, “clearing the path for the conviction and death sentences of the Ogoni 9.”
Falana further explained that the executions were carried out in violation of Section 7 of the Civil Disturbances Decree, which required the Tribunal to submit its proceedings to the Provisional Ruling Council (PRC) for confirmation. “The PRC purportedly confirmed the death sentences and ordered the secret execution of the Ogoni 9 even though the tribunal had not compiled the record,” he said. “It was this illegality that led to Nigeria’s suspension from the Commonwealth.”
The lawyer recalled that the matter was revisited during the Oputa Panel on Human Rights Abuses, set up by President Olusegun Obasanjo in 1999. “Irrefutable evidence was presented to prove that the Ogoni 4 and Ogoni 9 were victims of state-sponsored killings,” Falana said. “The panel united the families of the Ogoni 13 before concluding its session in Port Harcourt.”
He commended President Bola Tinubu’s administration for acting on the panel’s recommendations. “It is in line with the Oputa Panel’s advice that the Tinubu government has granted posthumous pardon to the Ogoni 9 and conferred national honours on the Ogoni 13,” he said.
Falana also praised the Ogoni people and the wider Niger Delta region for their resilience in the fight for environmental justice. He highlighted key gains from the struggle, including the derivation fund enshrined in Section 162(2) of the 1999 Constitution, which mandates that 13 percent of revenue from natural resources be returned to the producing states.
Between January and May 2025, Falana disclosed, the nine oil-producing states received a total of ₦620.23 billion from the Federation Account. However, he lamented that the funds have not translated into improved living conditions. “MOSOP must now lead a campaign to ensure that at least five percent of these revenues go directly to oil-producing communities,” he urged.
He also cited Section 257(2) of the Petroleum Industry Act, which requires oil and gas companies to remit three percent of their annual operational expenditure to host communities. Quoting Mr. Gbenga Komolafe, Chief Executive of the National Upstream Petroleum Regulatory Commission, Falana said: “As of October 2025, Host Community Development Trusts have remitted ₦122.34 billion and $168.91 million to host communities. That’s over ₦358.67 billion in total.”
According to Falana, the funds are being used to execute 536 projects across Nigeria, including schools, health centres, roads, and vocational centres. “These are tangible outcomes of a long and painful struggle,” he concluded.
