About 38 years after he was assassinated, Justice Inyang Ekwo of a Federal High Court sitting in Abuja, the Federal Capital Territory, has ordered the Attorney General of the Federation and Minister of Justice AGF, to re-open investigation and prosecution of those allegedly involved in the gruesome killing of the founder of Newswatch Magazine, Dele Giwa, on October 19, 1986.

Dele Giwa was murdered in his Lagos office through a letter bomb.

The court made the order on Friday, while delivering judgment in a suit by the Incorporated Trustees of Media Rights Agenda against the AGF.

Specifically, by the suit, MRA had sought the enforcement of fundamental rights of media professionals to safety as guaranteed by the 1999 Constitution and African Charters on Human Rights.

Justice Ekwo held that the AGF as Chief Law Officer of the Federation was under obligation to prosecute and penalize killers of media practitioners in the country including the late Giwa.

Apart from Dele Giwa, the court ordered that the killings of other journalists in the discharge of their lawful duties must be investigated and perpetrators brought to book in line with the provisions of the law.

More so, Justice Ekwo ordered the Federal Government to ensure adequate protection and safety of lives of journalists as enshrined in sections 33, 39 of the Constitution and Articles 4 and 9 of the African Charters on Human and Peoples Rights.

Since his death in 1986, there have been attempts to prosecute alleged killers of Dele Giwa. While fingers were pointed at the General Ibrahim Babangida government, the investigative panels, one of which was headed by a former Deputy Inspector General of Police, DIG, in charge of Federal Investigation and Intelligent Bureau, Chris Omeben, had alleged Kayode Soyinka, a close ally of the deceased journalist of being in the know of the murder.

Omeben took over the investigation of Giwa’s death from his predecessor, Victor Pam.

Omeben alleged that he has sought to interview the trio of Dan Agbese, Ray Ekpu and Soyinka, in the process of the investigation, adding that only Agbese turned up.

He accused Soyinka of being involved with the bomb parcel, and fleeing the country. The accusation that Soyinka described as spreading of deliberate falsehood.

He also narrated that he was being pressured into naming Babangida and Haliru Akilu as suspects when he had no evidence linking them to the crime.

At a point, Gani Fawehinmi, Giwa's lawyer was also accused of prematurely accusing the government of Giwa's murder thereby truncating the investigation into the case.

The subsequent court cases instituted by Fawehinmi against the government to enable him try the case as a private prosecutor after the Director of Public Prosecution, Eniola Fadayomi had refused to prosecute based on the evidence available were mostly unsuccessful.

An excerpt of the Judgement by the then Lagos State Chief Judge, Justice Candido Johnson reads thus "...even if one considers the reasonableness of time, I would say that the incident that gave birth to the death of the late Dele Giwa is not only unique in its form but also complex and would require sufficient time to conduct detailed and balanced investigation, a report on which the appropriate authority would reasonably act.

“The timing here appears hasty and premature. It appears impulsive without giving reasonable time and chance for a detailed and balanced investigation into this sordid incident. In the circumstances and having regard to the review made above, it is my ruling that this (ex-parte) application is misconceived and it is therefore dismissed. Leave to apply for mandamus is hereby refused."

Fawehinmi went on to the Supreme Court and got a favourable judgement which enabled him go back to the Lagos State High Court, this judgement also mandated the Justice Candido to recuse himself from the case and appoint another judge to hear the case.

On 23 February 1988, Justice Longe ruled that the two security officers, Lt. Col Tunde Togun and Col. Haliru Akilu could not be tried for the murder of Dele Giwa.

In his ruling Justice Longe averred among other things that,"...the Attorney general did not oppose the objection raised by counsel to the 'accused' persons, Chief Rotimi Williams, on the ground that the information was filed by private prosecutor (Chief Gani Fawehinmi) when the information had not been completed and especially when the 'INFORMATION IMPLICATED ONE OF THE PROSECUTION WITNESSES'(Kayode Soyinka).

“…the proof of evidence before the Court was mere HEARSAY…. Based on the evidence available before the court, it will be an abuse of the process of court to call the two security chiefs for trial. The information is therefore quashed accordingly."

Kayode Soyinka was represented in court by Kayode Sofola SAN, representing the chambers of Kehinde Sofola SAN, which succeeded to getting the court to rule as frivolous the reference to Soyinka being "implicated". The court also ordered that cost be paid to Soyinka by the 'accused' persons.

Also in 2001, General Babangida refused to testify before a national human rights commission about the Giwa murder.

Babangida, Hakilu and Togun went to court and obtained an order restraining the commission from summoning them to appear before it.

The Chairman of the commission commented that the commission had the power to issue arrest warrants for the trio but decided against this "in the over-all interest of national reconciliation.