How Abacha Regime Executed Ogoni 4 and Ogoni 9 — Falana Reveals at Saro-Wiwa Memorial Lecture

Human rights lawyer, Femi Falana, SAN, has revealed new details about how the Sani Abacha military regime orchestrated the killing of the Ogoni 4 and Ogoni 9 in 1995.

Speaking at the 84th posthumous birthday lecture of Ken Saro-Wiwa in Port Harcourt, Falana recounted the injustice meted out to the late environmental activist and other members of the Movement for the Survival of the Ogoni People (MOSOP).

Falana, who alongside the late Chief Gani Fawehinmi, SAN, defended Saro-Wiwa and other MOSOP leaders, said they were forced to withdraw from the trial after the special military tribunal repeatedly blocked them from presenting crucial evidence that could have aided the defence.

“In a desperate bid to exploit the oil resources without restraint, Shell Petroleum Development Company was licensed by the Nigerian state to import arms and ammunition under the guise of protecting its facilities,” Falana stated.
“These weapons later ended up in the hands of militant youths, and communities were incited to attack one another to distract the people while oil extraction continued unhindered.”

He explained that when Shell’s divide-and-rule tactics failed, a military Task Force led by Col. Paul Okuntimo recruited armed youths to eliminate the Ogoni 4. According to him, “soldiers present at the crime scene made no arrests, and the bodies were taken away to an undisclosed location.”

Falana said once Col. Okuntimo briefed military authorities about the killings, the then Rivers State Military Governor, Col. Dauda Komo, prematurely declared that Ken Saro-Wiwa and other MOSOP leaders would be held responsible — even before an investigation began.

“The murder charge filed against Saro-Wiwa and others at the Rivers State High Court was dropped because prosecutors told the junta the evidence was too weak. Yet, on General Abacha’s orders, a special military tribunal was set up, which rejected key defence evidence and eventually sentenced the Ogoni 9 to death,” he recounted.

Falana further noted that under the Civil Disturbances Decree, the tribunal was required to send its records to the Provisional Ruling Council (PRC) before any sentence could be confirmed.

“However,” he said, “the PRC purportedly confirmed the death sentences and ordered the secret execution of the Ogoni 9 even before the tribunal had completed its record. That blatant illegality led to Nigeria’s suspension from the Commonwealth of Nations.”

He added that the Oputa Panel on Human Rights Violations, established under President Olusegun Obasanjo in 1999, later reopened the case. Evidence presented at the panel, Falana said, proved that both the Ogoni 4 and Ogoni 9 were killed by the Abacha regime, prompting efforts to reconcile their families.

According to Falana, it was based on the Oputa Panel’s recommendations that the Bola Tinubu administration decided to bring closure by granting a presidential pardon to the Ogoni 9 and conferring posthumous national honours on the Ogoni 13.

He commended the Ogoni people and the broader Niger Delta for their progress in environmental justice, highlighting key constitutional and statutory gains, such as:

• The 13% derivation fund under Section 162(2) of the 1999 Constitution.
• The 3% Host Community Development Trust provision in Section 257(2) of the Petroleum Industry Act (PIA).

Falana disclosed that between January and May 2025, the nine oil-producing states received ₦620.23 billion as derivation funds, while host community trusts have remitted a combined ₦358.67 billion (₦122.34 billion and $168.91 million) to fund 536 community projects, including schools, hospitals, roads, and vocational centres.

Despite these sums, Falana urged MOSOP to demand that at least 5% of oil revenue in each producing state be allocated directly to local communities to improve living conditions.

“The struggle for justice in Ogoniland must continue — not just for remembrance, but for fairness, equity, and a truly healthy environment,” he concluded.

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