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Abubakar has therefore given indications of plans to appeal the ruling, which was read by the court in Chicago, U.S. last Friday.
The plaintiffs, including elder statesman, Chief Anthony Enahoro, are already considering the damages to be slammed on the former ruler, following the ruling.
The court decided to proceed on sanctioning the former Nigerian ruler, which was just a step short of an outright default order, due to the failure of the General to present himself in the U.S. for a deposition.
The suit was filed by Enahoro, eminent rights activist, Dr. Arthur Nwankwo and Hafsat, daughter of the billionaire politician, the late Chief Moshood Kashimawo Olawale Abiola, who died in state custody under the Abubakar government while attempting to reclaim his electoral victory of June 12, 1993.
But while the plaintiffs are preparing to prove the damages as the court resumes hearing on October 11, the defendants are hinting of a potential appeal.
Emeka Ugwuonye, the former ruler's counsel, in a statement described the case as "a juridical banana peel."
The court in Chicago ruled that Gen. Abubakar is liable for sanctions for failing to appear in the U.S. for deposition in the six year-old human rights violation case.
Therefore, according to the American court, it is now appropriate to conclude and to enter an order as permitted by Federal Rule of Civil Procedure 37(b)(2)(A) that the allegations in plaintiffs' second amended complaint relevant to Abubakar liability are to be taken as established for the purposes of this suit.
The ruling stated clearly that such allegations concern, by way of subject matter, the history of the Nigerian military regime and Abubakar’s role in it, the regime's suppression of pro-democracy advocates; its use of arbitrary detention without trial, torture, extra-judicial killing, and restrictions of civil liberties in order to silence opponents.
According to the court, the list also include "the wrongful detention and torture of Chief M.K.O. Abiola and his death in custody; the extra-judicial killing of Alhaja Kudirat Abiola at the direction of the military regime; the wrongful detention, mistreatment in custody, and exiling of Anthony Enahoro; the wrongful detention and torture of Arthur Nwankwo; and Abubakar's responsibility for the directives that caused those events."
The plaintiffs' lawyer, Mr. Kayode Oladele, told newsmen that the court now holds Abubakar liable on all the claims and takes the plaintiffs' case as established against the former ruler. He added that the next thing is for the plaintiffs to prove their damages in court for the purpose of determining the dollar amount of liability. The amount to be demanded is however yet to be decided.
But Abubakar's lawyer, Ugwuonye said that the former head of state and his team were not taken by surprise, because it is certain that the General would not be deposed in the U.S. court as ordered by a Nigerian court earlier this year. He conceded that the plaintiffs were close to victory, adding, that "it is note yet Uhuru. They have to prove damages.
According to him, the plaintiffs' complaints against the former ruler are weak, because they are attacking Abubakar personally, but are the claims sufficient to nail Abubakar personally.
He said that for instance, the court has already granted the former head of state immunity regarding Abiola's death under sovereign immunity.
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