Dele Giwa Assassination, Gani Fawehinmi & Struggle for Justice in Nigeria

An account of journalist Dele Giwa’s murder, Chief Gani Fawehinmi’s legal advocacy, and the ongoing quest for accountability.

Sumonu Oladele Giwa, born 16 March 1947, was a Nigerian journalist and co‑founder of Newswatch magazine, one of the most influential weekly publications of the 1980s, known for investigative reporting and coverage of political, social, and economic issues in Nigeria. On 19 October 1986, Giwa was killed by a parcel bomb that exploded at his home in Ikeja, Lagos, instantly taking his life. His assassination shocked Nigeria, drew international attention, and remains one of the most significant unresolved murders in the nation’s history. The incident highlighted the vulnerabilities of journalists under military rule and raised questions about state accountability and security agencies’ conduct.

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Chief Abdul‑Ganiyu “Gani” Fawehinmi, born 22 April 1938, was a Nigerian lawyer, human rights activist, and social critic, widely recognised for defending civil liberties and challenging government abuses. Fawehinmi frequently opposed military and civilian authorities, representing individuals and groups whose rights were threatened, and his involvement in Giwa’s case exemplified his enduring commitment to justice, press freedom, and legal advocacy.

Legal Actions and the Supreme Court

Following Giwa’s death, Chief Gani Fawehinmi pursued legal avenues to seek justice, filing a private prosecution against two senior security officers, Colonel Haliru Akilu, Director of Military Intelligence, and Lieutenant Colonel A.K. Togun, Deputy Director of the State Security Service. The charges alleged conspiracy and complicity in Giwa’s murder. Fawehinmi relied on the Criminal Procedure Law provisions that permitted private prosecutions, and he submitted proofs of evidence to the Lagos State authorities.

The legal action encountered challenges due to procedural and evidential requirements. The Lagos State High Court dismissed the prosecution on the grounds that the evidence did not establish a prima facie case, and the matter proceeded through appeals, ultimately reaching the Supreme Court. In Col. Haliru Akilu v Chief Gani Fawehinmi, the Supreme Court decision, delivered on 5 March 1989, addressed issues of private prosecution and procedural law, confirming the legal limits of such actions and underscoring the procedural barriers that prevented the prosecution from advancing. No convictions were recorded, and the murder of Dele Giwa remains unresolved.

Investigations and Human Rights Review

The Nigerian police conducted investigations into Giwa’s assassination, but the results were inconclusive, and no suspects were arrested or prosecuted. The inability to secure convictions demonstrated the structural limitations of the criminal justice system, particularly in politically sensitive cases during military governance.

In 2003, the Human Rights Violations Investigation Commission, known as the Oputa Panel, examined Giwa’s murder among other human rights cases. The panel concluded that Colonel Haliru Akilu and Lieutenant Colonel A.K. Togun were implicated and recommended that the matter be reopened for further investigation. Despite the panel’s recommendation, the government did not take steps to prosecute, leaving the case officially unresolved, and the lack of accountability has remained a recurring concern in Nigeria’s discussions on press freedom and security sector oversight.

Military Rule and Press Freedom Context

Giwa’s assassination occurred during the military government of General Ibrahim Babangida, 1985 to 1993, a period characterised by centralised power, constrained political freedoms, and limited mechanisms for public accountability. Nigeria’s security agencies operated with broad authority, and journalists faced risks when investigating government corruption or security sector misconduct. The assassination exemplified the dangers confronting journalists under military regimes and underscored the need for legal protections and institutional reforms to safeguard freedom of expression.

Legacy of Gani Fawehinmi and Dele Giwa

Chief Gani Fawehinmi’s role in Giwa’s case cemented his reputation as a principled lawyer who challenged impunity and defended civil liberties. His legal efforts, though not resulting in convictions, highlighted the challenges of seeking justice against powerful actors in Nigeria, and his activism inspired subsequent generations of lawyers, journalists, and human rights advocates.

Dele Giwa’s assassination continues to influence the discourse on press freedom, accountability, and human rights. Media organisations, civil society groups, and legal advocates frequently cite his murder as a cautionary example of the risks journalists face and the importance of protecting investigative reporting. Calls to revisit the investigation remain part of Nigeria’s broader efforts to strengthen legal institutions and uphold human rights.

The murder of Dele Giwa and the subsequent legal pursuit by Chief Gani Fawehinmi illustrate a critical period in Nigeria’s history, where press freedom, military authority, and the rule of law intersected. Despite determined legal advocacy and recommendations from the Oputa Panel, the case remains unresolved, reflecting enduring challenges in achieving accountability in politically sensitive matters. The legacy of Giwa’s journalism and Fawehinmi’s legal activism continues to inform debates on media independence, human rights protection, and the capacity of Nigeria’s institutions to enforce justice.

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Author’s Note

This article highlights Dele Giwa’s assassination, Chief Gani Fawehinmi’s legal advocacy, and the enduring need for accountability, press freedom, and institutional reform in Nigeria.

References

Col. Haliru Akilu v Chief Gani Fawehinmi (1989) Supreme Court of Nigeria.

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Gloria Olaoye A Nigerian Historian.
Gloria Taiwo Olaoye is a Nigerian historian whose work explores the complexities of the nation’s past with depth and clarity. She examines power, memory, identity, and everyday life across different eras, treating history not only as a record of events but as a tool for understanding, reclaiming, and shaping Nigeria’s future. Through her research and writing, she seeks to make history accessible, relevant, and transformative for a new generation.

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