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LETTER TO CHIEF GANI FAWEHINMI
[Activist lawyer and leader of the pro-democracy coalition JACON.--Joint Action Committee for Democracy]

PRAISE be to God for your life and the courage, fortitude and determination with which he endowed you. May we live long to be of service to each other in the contribution we make to the development, peace and justice/fair play in Nigeria and beyond. The "Express" story [ Post Express newspaper] is a hoax. True, both Annan and Anyaoku, apparently working together, although I saw them separately, wanted me to sign a statement that I will not once again demand my mandate, once released. They both believed such a signed undertaking would expedite my release. To each of them my answers were:

(1) Having been cut off from all media and human contacts for four years, I was like a man put in an open grave. I quoted Rt. Hon. Harold Wilson's statement made in Glasgow on 2nd October, 1964 a few days before his first labor victory in 13 years, "24 hours is a long time in politics." If 24 hours is a long time, four years cut off from politics can be likened to eternity. Diplomats can guess, political leaders must be sure because credibility once lost can never be regained.

(2) Both diplomats spoke of arranging UNCONDITIONAL release. With the demand for that sort of statement, that would render me a DESERTER. Any release obtained on that basis would be worst form of capitulation.

(3) The declaration of 11/06/1994 was made at a major public rally to thousands of cheering supporters. A statement made under the table of AGUDA HOUSE [the designated but unused presidential villa at Abuja] purportedly negating it will not be acceptable as authentic. My rejection will naturally read duress into it judged by the circumstances. Therefore, it will not be worth the paper on which it is written.

(4) A declaration made publicly (at a major rally) and clear (in the most unambiguous) terms can only be reversed at a similar rally. You cannot render a man naked in the market place and prefer to dress him in bedroom! In this point that might have been twisted or understood by Annan and/or a section of the press who got it wrong.

(5) Finally, I reviewed the history and June 12. I told them that right at the beginning Obasanjo [Nigeria's military president who handed over power to civilian administration in 1979 but ended up in jail as Abacha's prisoner] in July 1994 came to me with 26 traditional rulers to seek a similar statement. He was told off in an uncertain terms in the presence of the traditional fathers after I had explained that the issue is one of God vs. a few "powerful elements." The voice of the people is the voice of God, "Vox Populi, vox Dei", a popular maxim long before Jesus Christ arrived!

I told them that IBB's only reason for canceling the free, fair and peaceful poll -- a fact that he could not deny -- was his leading officers (who would have been retired with him) threatened to kill him and kill me if he ever swore me in. I did not allow him to use the Koran to swear to "blackmail." I said that If I had accepted what was done, it would have created most dangerous precedent, not only for Nigeria but for most of the Third World. The saying would then have been "Who are you to resist what could be forced on Abiola?" The ultimate effect is that Nigeria would become a land of "guided democracy" of the type in the imagination of the late President Suharto of Indonesia who used to issue "voting directives" to his native of 230 million. God forbid bad thing. The lapse of five years since election of 12/6/93 was regarded as fatal to the mandate. Both diplomats told me nobody will recognize me on the basis of the out-of-date mandate. Chief Anyaoku went further to say he had stronger evidence and he had obtained legal opinion which confirm the "death of the mandate."

My reply:
(1) if that were so, then criminals would have acquired a lawful right to take advantage of the criminal situation they created. That, in my opinion is against equity and rule of law and (therefore) invalid. They illegally canceled the election (which they had no power to do) and promoted their usurpation by putting in the most wicked incarceration ever known -- four years without exercise, access to the sun or even the corridor outside my room.

(2) No nation ever allows her nagging political problems through legal opinion. The bar of public opinion has a code of practice totally different to a formed point of law, then I asked Chief Anyaoku what was his interest in seeking the so called legal opinion? I got no answer because by that time the exchanges had become eye-ball to eye-ball. Annan must know that a majority of OAU member-nations gave me recognition, the UN must automatically do the same e.g. the Angolan situation between MPLA and UNITA. The call for recognition in the London Times of last Friday has taken the wind out of the sort of the "five-leg" argument. There was no resistance to that.

(3) My final point is that Time searches out and destroys all things MATERIAL, a point made convincingly by Shakespeare in his Sonnets 5, 12 and 64. His emphasis on "never resting time" and by Spencer in "Of Time and the River" where he stated dark times that remind us of the loneliness of our days. "TRUTH", which is what June 12 is, in SPIRITUAL ALHAQOU in Islam, one of the sacred names of God. Therefore, since all things in nature, life and creation are subservient to God (K2: 116), willingly or convincingly, TIME IS IN FACT AND INDEED ON THE SIDE OF TRUTH (K17:81, K34:49, K2:42, etc.) and Gospel according to St. John 8:32, Psalm 62:1-2, Isaiah 40:30-32, etc., etc.

It is falsehood with its associated varieties and crookedness that must vanish as foam on the "Current of Time." The FMG probably did not want to meet me at this stage. Hence the arrangement made for the two to meet me. I have gone into this minute detail because I heard you were upset when you read the exclusive report. You probably did not know me well enough. If I refused to listen to IBB, my personal friend of long standing and ignored Abacha, will it be 2 international civil servants who would force my surrender? Please, have more confidence than that in future. All my life, I have worked for the result which God, in his mercies, gave us on June 12, 1993. Quoting Jesus Christ (Luke 9): "No man having put his hand to the plow, and looking back, is fit for the kingdom of God", the spiritual consequence of my description of sacred cause, like June 12 is HELL which God forbid.

ANOTHER DIFFERENT POINT: on 13/11/95, Abacha sent Prince Bola Ajibola [former Nigerian justice minister currently a judge at The Hague] to me to say he (Abacha) would not allow me to get any trial because he knew I had a large sum of money abroad to my recognition which will force him out of office. I asked Prince what he advised. He said, "Patience, SURU NI. [Yoruba for "its a matter of patience]" I told him to tell my family and lawyers. When Ore Falomo [Abiola's personal physician] saw me on 10/5/97, I sent him to you on that. Did you get the message? Remember me to the family with best personal regards. I LOVE YOU.

Pls.:IBB made the same assertion to two top Northern Emirs, national friends of the two of us and Chief Shonekan at a peace meeting called at the presidential wing of Abuja airport. I would not accept the cancellation that or any ground hence my "injrat" [flight] of August 2 to mount world wide campaign as the local press had then been silenced. As to the very top level meeting I had on Monday night with two of our service chiefs. They informed me about the death of General Abacha and my friend Yar Adua and we talk generally. The atmosphere was most cordial and the Service Chiefs were most sympathetic. It evoked me to assess the quality and culture of the two which are most high indeed.

The argument on the statute of limitation
Firstly there is no statute of limitation on valid elections, provided the winner did not willfully refuse to take office. The struggle in Sierra Leone more than three decades ago between Milton Magai and Siaka Stevens is a case in point. The Haiti issue re-Aristide is partially relevant.

Circulation of this letter:
Please also send copies to Doyin, for CPN, Chief Sobo Sowemimo for his group, Alhaji Lateef Okunnu (2), Chief Omowale & Mrs. Kuye (2), Chief Clement, Papa Majekodunmi, FCN Fatai Williams, FRN George Sowemimo, Prof. Alabi Fabunmi (OAU), Prof. Nurudeen Alao, Justice M. Okunola, HRH Oba F. Adesanoye of Ondo (2), Mama Ayo, Mama Murtala, Dr. Bisi Adebiyi (Mama Kolajo).

Please type and make photocopies for people including GOK Ajayi, Gov. Ige, Senator Adesanya, Chief Cornelius Adebayo, A. Aka Bashorun, Rear Admiral Ndubuisi Kanu, Comm. Ukiwe, Chief Falaye, Gov. Osoba, Dr. B. Kuti, Dr. O. Falomo, Gen. Obasanjo, Gen. Idiagbon, Chief Bisi Durojaiye, late Kudi's brother Amb. Bariu Adeyemo (Ijebu Ode), Senator Adefuye, Govs. Adeleke and Ishola, Prince Supo Adetona, Abubakar Umar, Yakubu Abdul Azeez, Gov. S. Lar, Balarabe Musa, Abubakar Rimi, Rasheed Gbadamosi, Sule Lamido & Kari Rabiu (Kano), Muhammed Arzika, Adamu Ciroma, Chief Debo Akande, Dr. Tunji Dare, Alex Ekwueme, Chief Kuti, Dati Ahmed, Senator Rasheed Ladoje (Ibadan), members of the Eastern Mandate Union, Ogoni people. Copies to be circulated in the North. Please forward to Olu Akerele, Head of Concord, Abuja. The copies are better delivered by hand through reliable courier. [END]

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