Supreme Court Orders Mohammed Abacha's Retrial

Nigeria’s Supreme court in a unanimous decision Friday morning ordered Mohammed Abacha, son of late former Head of state, General Sani Abacha, to return to an Abuja High Court and face his trial on a 123 count criminal charge brought against him by the Federal Government of Nigeria wherein he was alleged to be in possession of stolen properties belonging to the Federal Government.

The theft was allegedly committed by the late former dictator stole, when he ruled Nigeria.

Mohammed had attempted to foil his trial but was unsuccessful at the trial court before he proceeded to the Court of Appeal where he lost. Then he approached the Supreme Court.

He argued that the immunity enjoyed by his father while in office extended to him and that having forfeited some of the family’s properties confiscated by the government, he should be exempted from prosecution in line with the he provisions of Decree number 53 of 1999.

The apex court held that immunity does not extend beyond the tenure of office and that even if the late head of state were alive, he can be prosecuted for a criminal offence not to talk f his son who was never an occupant of the office of the Head of state.

The court affirmed the decision of the Court of Apeal which held that the late former head of state’s immunity does not extend to his son and ordered Muhammed to go and face his trial at the Abuja court.