LAGOS STATE JUDICIAL PANEL ON POLICE BRUTALITY AND RESTITUTION IN THE EYES OF AN OBSERVER
Following the #EndSARS protests which rocked most parts of the country
in October 2020, the federal government in the heat of the protest
acceded to the 5 point demands of the protesters in response to their
agitations and as a means of encouraging them to leave the streets
which had taken a negative toll on social, economic and political life
of some states due to the total lockdown occasioned by the blockade of
roads and highways for days and its attendant violation of the rights
of other law abiding citizens to free movement and extortion of
motorists and commuters by some protesters at roads points before they
could secure safe passage.
But lo and behold, the protesters turned a deaf ear to the call for
dialogue from the federal government and well meaning Nigerians and
groups who originally bought into the ideals of the agitations and
started shifting the goal post in the middle of the game by coming up
with new demands to the authorities, which pointed to the fact that
the protest as genuine as it seemed, had now transformed into the
Biblical hand of Esau, but the voice of Jacob.
This refusal of the protesters to embrace dialogue and peaceful
resolution of the demands of the protest as proposed by the federal
government saw the protest turned more violent and criminality
perpetrated with the invasion, looting and burning of police stations,
private homes, offices, release of cell inmates, stealing of arms and
ammunition as well as attack and killing of law enforcement agents and
innocent citizens.
Before we go further, we must quickly recollect that days after the
commencement of the #EndSARS protest and particularly on the12th of
October 2020, the protest had taken a criminal dimension with the
killing of two persons including a policeman in Surulere and the
attack on the Anti kidnapping unit station of the Nigeria police force
Surulere division, the burning of police and exhibit vehicles, the
release of kidnap suspects from police detention facility and the
burning down of private properties in Surulere area of Lagos state.
Unfortunately, due to the glaring breakdown of law and order,
occasioned by the attack on security agencies and formations and the
attendant carting away of arms and ammunition and the release of
inmates from police detention facilities with the associated loss of
human lives and destruction of public and private properties and the
attack on correctional facilities with the motive to free inmates, the
Lagos State government was left with no other option but to declare a
statewide curfew which was expected to commence at 4pm but was later
shifted to 9pm on the 20th October, 2020.
In the process of enforcing the curfew in Lagos state in line with
statutory procedure, the Nigeria military was drafted in to restore
law and order. The Nigeria Army in line with its constitutional
mandate was drafted to all parts of the state as evidenced from the
military testimony at the Lagos state judicial panel with images and
videos, but the area which attracted local and global attention was
the confrontation of the military with #EndSARS protesters at one of
their famous convergence point, the Lekki tollgate plaza on the Lekki
Epe expressway corridor on the 20th of October, 2020 which was
described by some section of the media as a massacre of peaceful
protesters.
Subsequently, the threat to national security was heightened by the
criminal invasion and attack of government institutions and private
warehouses across the country by protesters who vandalized and stole
Covid-19 palliatives and everything in sight as a result of the
tension generated by the Lekki tollgate plaza incident which attracted
local and international attention with a call for justice not only for
the victims of SARS related abuses, but also for an investigation of
the Lekki tollgate plaza incident to unravel the truth of what
transpired on the 20th October, 2020, though latter developments
changed the narrative of the occurrence from Massacre to Incident in
the public domain.
Thereafter, the Lagos state government in obedience to the National
Economic Council (NEC) meeting communiqué and in line with one of the
5 for 5 demands of #EndSARS protesters, directives that all states of
the federation should set up a judicial panel of inquiry into SARS
abuses and compensation for victims, established its own judicial
panel of inquiry into SARS abuses and compensation and even extended
its mandate to include an inquiry into the October 20th 2020 Lekki
tollgate plaza incident.
The Lagos State judicial panel of inquiry on restitution for victims
of SARS related abuses and other matters was inaugurated by the Lagos
state Governor on 19th of October, 2020 and comprised nine members
from various strata of the society and headed by a retired judge of
impeccable character and integrity.
The Lagos state judicial panel on restitution for victims of SARS
related abuses and other matters has since 27th October, 2020
commenced sitting by conducting hearings into petitions by victims of
SARS, Nigeria police and other security agencies abuses among other
matters. Fortunately, the work of the panel has been aided by the
provisions of free legal services for indigent petitioners by the
Nigeria Bar Association (NBA) and it’s coverage by the media and other
interests which is highly commendable.
As an observer at the daily sittings of the panel, one must commend
the professionalism, neutrality, diligence, thoroughness and
enthusiasm for fairness and justice conduct of the panel in the
discharge of its mandate so far, that deserves huge commendation
A lot of petitions numbering over 300 have been brought before the
Lagos State judicial panel even with some cases dating back as far as
1979, 42 years ago of alledged abuse of citizens right by the security
agencies. However, one is very grateful for this golden opportunity
obliged most especially indigent victims of security agencies abuses
of which the narration by the direct victims themselves or family
members as well as the emotional trauma and pains suffered among other
inconveniences is better imagined.
A critical process of the Lagos state judicial panel work, is that
petitioners have a right to a counsel in case they can afford the
services of one or access the NBA offer of free legal services or tell
their stories themselves, but at the end of the day, counsel from the
security agency most especially the Nigeria police force who are the
major respondent in most of the cases, cross examine petitioners and
their witness to ascertain the truth of their testimony.
As we write, petitions hearing at the panel has been a mix bag of some
sort, with some petitions at the decision stage while some are still
being heard and some have been struck out due to the voluntary
withdrawal by the petitioner or due to the fact that the crux of the
petition has been decided by a court of competent jurisdiction or
still ongoing in court or due to lack of diligent prosecution by
petitioners who repeatedly failed to turn up or be represented at
least on three occasions.
But while we await the decision of the panel on those petitions for
which counsels have adopted written address, a sore point of the
allegations of abuse of citizens rights by the disbanded SARS, is the
recurring pattern of crude invasion, extortion, inhuman torture and
indiscriminate shooting to death allegedly perpetrated as narrated by
victims or family members which is heart wrenching and traumatizing
for watchers of the panel proceedings. Infact, victims or family
members apart from providing documentary evidence of torture or death,
also go as far as removing their clothes in the dock to reveal broken,
damaged or deformed limbs as a result of the torture or indiscriminate
shooting by the disbanded SARS operatives. The testimony of some
petitioners who were victims of the disbanded SARS torture, almost
moved one to tears to inquire that how can man exploit his position
and authority to dehumanize fellow human being? Infact, it was
unbelievable, but the facts as evidenced by supporting documents and
images were incontrovertible and admitted as exhibit.
While the panel is yet to commence full proceedings into the petitions
of alledged victims of the Lekki tollgate plaza incident of 20th
October, 2020 well over 4 months after inauguration due to the absence
of the Nigeria Army who have made just an appearance with the
testimony of Brigadier General Ibrahim Taiwo who corroborated his
evidence in chief of the Nigeria military role in the restoration of
law and order across Lagos state and with particular reference to the
Lekki Epe expressway corridor with images and video evidence, the
Nigeria Army have been summoned on at least three other occasions, but
have failed to turn up, though the alledged victims of that incident
have shown up at the panel with their counsels and it is expected that
the hearings into their petitions will commence at the next and final
adjourned date for the military to appear to defend itself and state
its own side of the story.
However, there was a mild drama at the Lagos State judicial panel on
6th of February, 2021 when the panel by majority judgement ordered the
owner of the Lekki tollgate plaza LCC to repossess the facility for
repairs and insurance claims after having been shut out of the company
facility since early October 2020 as a result of its occupation by
#EndSARS protesters and out of respect for the assignment of the panel
which summoned it to assist with relevant materials and testimony in
unraveling the truth of what happened on the said date.
The Lagos State judicial panel by a simple majority of 5 to 4 voted in
favor of Lekki Concession Company (LCC) to repossess the tollgate
plaza based on its earlier ruling that the decision to repossess the
tollgate plaza by LCC will be dependent on its receipt of the forensic
analysis of the tollgate plaza by experts contracted to undertake the
exercise.
That ruling by the panel exposed the independence and integrity of the
panel members to vote on issues according to their conscience and
conviction, though people are at liberty to advance their own reason
for the voting decision of members depending on which side of the
divide they belong, but for some of us, that is democracy at work in
which the tenets of while the majority will have their way, the
minority must also have their say, and so, one must give a big kudos
to the panel members for being united, committed and focused on their
mandate despite this division on a critical issue.
As the Lagos panel begins the countdown to the expiration of its
tenure in the next few months, one must reiterate his absolute
confidence and conviction in the competence and ability of the Lagos
State judicial panel on restitution for victims of SARS related abuses
and other matters to dispense justice to the petitions before it and
can only wish it, the best of luck in this national assignment of
healing the wounds of our collective abdication of responsibility.
Thanks.
Yours Sincerely,
Nelson Ekujumi
18th February, 2021
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