#ENDSARS Archives - CITY LAWYER MAGAZINE

EDITOR'S CHOICE
Oct 25, 2022
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AGOMOH, TOP RIGHTS ADVOCATE, BAGS UN C’TE MEMBERSHIP

Foremost human rights advocate and Executive Director of Prisoners’ Rehabilitation and Welfare Action (PRAWA), Dr. Uju Agomoh has been elected as a member of the United Nations Sub-Committee on Prevention of Torture (UN SPT). The election was held at Geneva, Switzerland on 20th October, 2022.

The UN Subcommittee on Prevention of Torture (SPT) is the international body established by the OPCAT. Consisting of 25 independent experts, the body has a preventive mandate focused on a proactive approach to preventing torture and ill treatment.

The SPT has a dual mandate to monitor conditions in detention and treatment of persons deprived of their liberty through country visits, and to advise on OPCAT implementation, in particular support the establishing and functioning of National Preventive Mechanisms.

Agomoh is the Founder and Executive Director of PRAWA, a Nigerian civil society organisation which promotes human rights especially of persons in prison and helps those who have survived prison to successfully integrate into the community.

She holds degrees in Law, Criminology, and Psychology which makes her strongly positioned to contribute to the work of the SPT through a holistic and multidisciplinary outlook.

Over the past 20 years, Agomoh has held key positions in global, regional and national institutions working to prevent torture through detention monitoring, security sector reform and support to survivors of torture. These include serving on the Executive Committee of the International Rehabilitation Council for Torture Victims (IRCT); the World Organisation Against Torture (OMCT), Global SOS-Torture Covid 19 Crisis Action Group, and the Independent Investigation Panel of Inquiry on the Nigeria Police Special Anti-Robbery Squad (SARS).

The highly decorated rights activist has personally carried out over 1000 prison monitoring visits covering about 150 prisons in 32 countries, providing her with extensive expertise in detention monitoring methodologies and engagement with detention authorities and detainees.

She is also a Council Member of Nigeria’s National Human Rights Commission and the Special Rapporteur on Police, Prisons and Centers of Detention (2001 – 2008); Co-Chair of Development Law Group (DLG) of the Nigeria Bar Association (NBA) Section on Public Interest and Development Law (2021 – 2023), and Co-Lead in the development of the harmonized curriculum for security agencies training institutions in Nigeria including thematic areas of Human Rights, Rule of Law, and Civil -Military Relations. She led the development of National Legal Aid Strategy of Nigeria 2016-2022.

Agomoh has conducted visits to places of detention in more than 32 countries in Africa, Asia, Europe and North America. She is a Fellow of the International Penal and Penitentiary Foundation (IPPF) with a specific focus on overuse of imprisonment and fairness and consistency in administrative and judicial decisions (2017 to present); Expert, United Nations Office on Drugs and Crimes (UNODC) on development of guidelines on rehabilitation of prisoners (2017); Visiting Expert on treatment of women prisoners, United Nations Asia and Far East (UNAFEI, 2015); Member, Executive Committee (Representing Sub Saharan Africa), International Rehabilitation Council for Torture Victims (IRCT, 2012-2016), and Member, World Organisation Against Torture (OMCT) Global SOS-Torture Covid 19 Crisis Action Group (September 2021-December 2022).

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EDITOR'S CHOICE
Oct 02, 2022
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OBIDATTI23 RALLY: HUMAN RIGHTS ACTIVIST, ENDSARS BOSS, POLICE DISAGREE

The Nigerian Police Force and some human rights activists have disagreed sharply on the conditions to be met for party supporters to assemble for rallies.

The controversy was triggered by a tweet by Lagos State Police Command spokesman, Mr. Benjamin Hundeyin when he tweeted: “No procession on the expressway. Be guided!!!”

Hundeyin had also stated that “the Command will equally live up to its mandate of ensuring that no person or group of persons is allowed to infringe on the fundamental human rights of others, especially the rights to freedom of movement and right to dignity of human persons, especially under the guise of rally or procession.”

Fiery human rights activist, Mr. Inibehe Effiong quickly responded, saying: “Why is it so difficult for the Police to abide by the rule of law? The police has no right to stop or disrupt political procession, irrespective of the size. By Section 91 of the Electoral Act, your role is limited to provision of security. You’re deviating from the court order.”

In an effort to douse the controversy, Hundeyin explained that “This is quite a touchy issue. Let me rephrase. Hindering anybody’s fundamental right to freedom of movement will not be allowed. A procession of the magnitude being planned would likely obstruct free flow of traffic. We have a duty to look out for all Nigerians.”

This only ended up stoking the controversy when one of the leaders of the ENDARS Movement, Ms. Rinu Oduala in several tweets stated that “You have traffic wardens. Your job is to provide (sic) traffic.”

She warned the police against disrupting the rallies aimed to bolster support for the Labour Party candidate, Mr. Peter Obi. Her words: “You don’t have any right to prevent freedom of gathering and association tomorrow. You will tell us whether those people are not Nigerians.”

In yet another tweet, Oduala said: “You are not the judge. Nobody said people can proceed on the expressway. You can shoot though. Not like this is your first time.”

Tweeting at @RuleofLawNG, Rule of Law Nigeria also disagreed with the police spokesman, saying: “Using these rationales, @PoliceNG have removed the right to protest from the Constitution. If a protest could inconvenience any person, the protest cannot hold. If the protest could be of a large magnitude, as imagined by the police, the protest cannot hold.”

Hundeyin had in a statement issued on the eve of the rallies stated that “The warning therefore goes that anyone found flouting the court order or infringing on the rights of other Nigerians will be dealt with in accordance with the law. Meanwhile, CP Alabi enjoins all peace loving persons to go about their lawful duties without fear of harassment or intimidation, reiterating that adequate security assets have been strategically deployed to ensure the safety and security of Nigerians at designated rally venues and across the state at large.”

Justice Daniel Osiagor of the Federal High Court sitting in Lagos had last Wednesday ordered the Labour Party and its supporters not to converge on the Lekki toll gate for its #Obidatti23 Forward Ever Rally billed to hold on October 1 2022, even as the court held that the supporters can pass through the Toll Gate to access Falomo Bridge and other venues. Justice Osiagor had directed the Inspector General of Police and the Lagos State Police Commissioner to ensure compliance with the order.

The court made the orders while ruling on a motion for injunction brought by 10 plaintiffs through their counsel, Mr. Romeo Ese Michael, asking the court to, among others, restrain the LP, its presidential candidate Peter Obi, his vice Yusuf Datti Baba-Ahmed, one Julius Abure and their loyalists from holding the rally until the hearing and determination of their Motion on Notice of September 12, 2022.

However, a preliminary objection filed by the defendants seeking to stop the court from hearing the motion on the grounds that it lacked jurisdiction could not be entertained as all parties to the suit had not been served. The court adjourned hearing of the substantive suit to November 4, 2022.

In the substantive suit, the plaintiffs argued that a repeat or celebration of the “infamous” EndSARS protest of 2020 under the political guise of “#Obidatti23 Forward Ever Rally” will cause a breakdown of peace and will result in post-traumatic stress disorder for them and the public.

They prayed the court for four reliefs as follows:

“An order of interim injunction restraining the 1st, 2nd, 3rd and 4th defendants; their associates and loyalists from conducting the scheduled END SARS Rally tagged as the “#Obidatti23 Forward Ever Rally on the 1st of October, 2020 or any other subsequent date, at the Lekki Toll Gate until the hearing and determination of the Motion-On-Notice dated September 12, 2022.

“An order of interim injunction restraining the 1st 2nd, 3rd and 4th defendants and their loyalists from further planning and promoting the Scheduled END SARS Rally tagged as the “#Obidatti23 Forward Ever Rally”….

“An order of interim injunction restraining the 5th 6th, 7th Defendants from allowing or granting permissions to the 1st, 2nd, 3rd and 4th Defendants, their agents and the organizers of “#Obidatti23 Forward Ever Rally” at the behest of the 1st, 2nd, 3rd and 4th Defendants from carrying out the said anniversary on the 1st of October, 2022 and any other subsequent date…

“An order of interim injunction restraining the 8th Defendant (LCC) from granting permission to the 1st, 2nd, 3rd and 4th Defendants; their agents, privies, allies and loyalists, to make use of the Lekki Toll Gate or any space under and within the control of the 8th Defendant for carrying out the said anniversary on the 1st of October, 2022 and any other subsequent date…”

The plaintiffs are Adedotun Ajulo Esq., Salamatu Suleiman Lewi Esq., Hakeem Ijaduola, Esq., Ogunbona Akinpelu Esq., Owolabi K. Oluwasegun, Esq., Mogbojuri Kayode Esq., Wuyep Mantim Nadom Esq., Dimimu Mabel, Esq., Kolawole Salami, Esq. and Mr. Wale Abe Lawrence.

The 1st to 10th defendants are Obi, LP, Baba-Ahmed, Abure, the Inspector-General of Police (IGP), Commissioner of Police (Lagos State Command), Director-General (Department of State Services), Lekki Concession Company (LCC) Limited, Attorney-General of Lagos State and the Governor of Lagos State.

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EDITOR'S CHOICE
Jun 11, 2022
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HUMAN RIGHTS LAWYER, BABATUNDE JINADU EXTOLS CLEMENT CHUKWUEMEKA

My encounter with MR. CLEMENT UGO CHUKWUEMEKA, the chairman (as he then was) of NBA Bwari Branc and now a cleared candidate for the office of the 2nd Vice President in NBA Election 2022

As a young lawyer, I had the opportunity to handle one of the EndSars matters, precisely that of Eromosele “eromz”. Mr Chukwuemeka was already on ground at FCID Abuja before my arrival.

When I came, he welcomed me and supported me, as if we have been together for years. He bought food for Eromz and made efforts to secure his release without intending to take the glory or hijack the matter from me.

He told me to proceed with the filing of bail application while he would prepare FHR Enforcement processes. He related with me freely and encouraged me.

He doesn’t relate with colleagues based on class or age at the Bar. He is truly a DEMOCRAT(S), as he is commonly referred to.

I will not hesitate to vote for Honest and Selfless Service. CLEMENT UGO CHUKWUEMEKA exemplifies selfless service. Thank you

SIGNED: BABATUNDE JINADU, ESQ. Member Ikeja Branch . (11/06/2022)

EDITOR'S CHOICE
Feb 23, 2022
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ENDSARS: NBA-SARC OBTAINS N10M FOR VICTIM OF POLICE BRUTALITY

The Nigerian Bar Association (NBA) Security Agencies Relations Committee (NBA-SARC) has obtained a N10 million compensation for one Yemi Abdulkareem, a victim of police brutality.

According to a statement made available to CITY LAWYER, the committee intervened in a plethora of cases including Abdulkareem v NPF (LASG/JPI/233/2020), adding that Abdulkareem was “brutalized and killed” by a police officer during the EndSARS protest in 2020.

The statement by NBA National Publicity Secretary, Dr. Rapulu Nduka, said: “Consequently, his family petitioned on his behalf demanding for the sum of 10 Million Naira. Upon the intervention of the NBA-SARC with the Nigerian Police Force and through continued and sustained efforts, the petition was treated under the Police brutality cases. The petition by Yemi Abdulkareem’s family was found meritorious and the family was awarded the sum of 10 Million Naira by the EndSARS Lagos Judicial Panel.

“The family of Yemi Abdulkareem who was awarded the damages has since sent a message extending their gratitude to the NBA-SARC for its timely assistance and intervention in the above matter.”

The statement noted that “The NBA – SARC has continually sought for the cooperation of everyone in its quest to achieve significant success in its mandate and has further reiterated that Legal Practitioners who have, or are being unjustly intimidated, harassed, humiliated, or subjected to unwarranted hardship in the course of their interaction with any security agency, are enjoined to report same to the Committee via the telephone numbers of the NBA – SARC members earlier provided.”

It recalled that the NBA-SARC, chaired by Joe-Kyari Gadzama, SAN was constituted by the NBA President, Mr. Olumide Akpata at the National Executive Council meeting of Thursday, December 16, 2021 and inaugurated on Friday, January 7, 2022.

According to the statement: “Since then, the NBA-SARC is not resting on its oars, having continued in its relentless efforts at providing succour to legal practitioners who had been, or are being, harassed, detained and/or intimidated by security agencies across the country, especially in the course of the discharge of their professional duties to clients.

“It is worthy of note, that the Gadzama-led NBA – SARC, presently comprised of legal practitioners who have solid background in relations with security agencies; and/or relevant network in interfacing with security agencies across the country has left no stone unturned in its commitment to achieving its mandates.”

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EDITOR'S CHOICE
Jan 09, 2022
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#ENDSARS: ‘WE’RE CONCERNED ABOUT SARS, MILITARIZATION OF POLICING,’ – UN C’TE

The United Nations Committee against Torture (UN-CAT) is worried by “militarization of policing activities” by Nigeria through joint operations, saying this was reported during the #ENDSARS protest at Lekki on October 20, 2020 and the lockdown imposed to contain the spread of the COVID-19 pandemic.

The Committee also stated that it is “deeply concerned at allegations of gross-misconduct by the Special Anti Robbery Squad (SARS) of the Nigeria Police Force,” even as it also expressed concern at “reports on the continuous use of torture in interrogations by police, military and civilian joint task force officers (CJTF).”

In its latest report on torture in Nigeria, UN-CAT commended “ongoing efforts to reform the police, the enactment of the Police Act and the revision of the Police Force Order 237 incorporating international standards,” but stated that it is concerned at reports of excessive use of force, “including lethal force by shooting leading to extrajudicial killings, during arrests or policing the demonstrations.”

It noted that the “growing militarization of policing activities” led to 38 complaints of extrajudicial killings recorded by the National Human Rights Commission, or other demonstrations having been held in south-eastern states, adding that “The Committee is deeply concerned at allegations of gross-misconduct by the Special Anti Robbery Squad (SARS) of the Nigeria Police Force.”

While noting Nigeria’s commissioning of the National Human Rights Commission to conduct investigations, establishing judicial panels of inquiries at federal and states level, and the disbandment of SARS, the Committee “observes that the judicial panels received reportedly 2,500 complaints on torture and ill-treatment, arbitrary arrests and detentions, and extrajudicial killings, but remains concerned that no reports on investigations have been made public, accompanied by the lack of accountability.”

It noted that some of the panels reportedly stopped sitting due to lack of funding, adding that the “Committee is also concerned at: the use of 2014 legislation by the police against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons to legitimize arbitrary arrest and detention, among others; at reports of arbitrary detention without criminal charge or conviction and ill-treatment of persons with intellectual and psychosocial disabilities in public institutions and private settings, including religious and traditional healing centres; and, ill-treatment inflicted on drug users particularly by members of National Drug Law Enforcement Agency and in the drug rehabilitation facilities (arts. 1, 2, 11-14 and 16).”

The Committee urged the Federal Government to “Ensure that law enforcement and security forces personnel continue to receive training on the absolute prohibition of torture and on the use of force, including the Police Force Order 237, taking into account the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials;

“Make the findings of the established judicial panels of inquiries public and immediately investigate allegations of abuses committed by police, SARS officers, and security forces employed in the policing activities, by an independent body and provide disaggregated information on prosecutions, full redress of victims, and resources allocated for that purpose;

“Stop and investigate arbitrary detentions and assaults against persons with disabilities, drug users or LGBTI persons and investigate those incidents, prosecute alleged perpetrators and provide effective remedies to the victims.”

Turning to inadmissibility of confessions obtained under torture, the UN-CAT welcomed legislation prohibiting the admission of confessions obtained under torture (the Anti-Torture Act, the Evidence Act, and the Administration of Criminal Justice Act). It however expressed concern at reports on the “continuous use of torture in interrogations by police, military and civilian joint task force officers (CJTF).”

It noted that “Despite the existing legal safeguards, including recording of confessions” or possibility to complain about duress before a judge, “numerous reports highlight that coerced confessions are accepted in practice contrary to the law. The Committee regrets that no solid information has been provided by the State party about the application of these legal safeguards by judges in practice (arts. 2, 10 and 15).”

The Committee urged the Federal Government to “Adopt effective measures to ensure that confessions, statements and other evidence obtained through torture or ill-treatment are not admitted in evidence in practice, except against persons accused of committing torture, as evidence that the statement was made under duress, and that prosecutors and judges ask all defendants in criminal cases whether they were tortured or ill-treated, that all allegations of torture and ill-treatment raised in judicial proceedings in the State party are promptly and effectively investigated and alleged perpetrators prosecuted and punished; Provide information on cases, where this has been applied.”

According to the Committee, the Federal Government should “Ensure that all police officers, national security officers and military, judges and public prosecutors receive mandatory training emphasizing the link between non-coercive interrogation techniques, the prohibition of torture and ill-treatment and the obligation of the judiciary to invalidate confessions made under torture.”

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

EDITOR'S CHOICE
Dec 31, 2021
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ENDSARS: ASF FRANCE HOLDS PARLEY ON POLICE REFORMS

As part of its activities to mark the International Human Rights Day 2021, Avocats Sans Frontières France in Nigeria recently convened a stakeholders’ roundtable meeting on Human Rights in Abuja. The meeting provided an opportunity for stakeholders in the human rights sector in Nigeria to deliberate on key issues and proffer solutions aimed at improving the enjoyment of human rights in the country.

The roundtable which was themed “#EndSARS: The Role of CSOs in Driving Police Reforms” was aimed at exploring methodologies for driving police reforms in the aftermath of the #EndSARS, a nationwide protest targeted towards ending human rights abuse by the Police in Nigeria.

According to Angela Uwandu Uzoma-Iwuchukwu, Country Director, ASF France Nigeria, the meeting was organized under the auspices of the “Promoting the United Nations Convention against Torture” (ProCAT) project with the financial support of the German Embassy in Nigeria and the United Nations Voluntary funds for victims of torture.

Constituting the roundtable were representatives from the Nigeria Police, Nigerian Correction Service, Nigerian Security Civil Defence Corps (NSCDC), Nigerian Army (NA), Nigerian Air Force (NAF), the Department of State Security (DSS), National Human Rights Commission (NHRC), Legal Aid Council of Nigeria (LACON), Nigerian Bar Association (NBA), related Civil Society Organisations and media organisations.

Recommendations were proffered to the human rights issues raised. Stakeholders emphasised the need for continuous momentum in the human rights struggle until success is achieved. Some of the insightful recommendations made by stakeholders in response to the human rights issues raised are as follows:

1) There should be increased collaboration between the CSOs and the security agencies.

2) The need for strict implementation of disciplinary measures against security officers found guilty of torture, including demotion in rank to serve as a deterrent to other officers.

3) The need for an effective follow-up on judgements passed in favour of torture victims to ensure and enforce 100% compliance of judgement.

4) There should be increased efforts towards training of junior officers regarding the use of torture and the implementation of the Anti-torture Act (2017).

5) The need for the use of databases and technology in criminal data retention for better prosecution of offenders and a more efficient justice system.

6) There should be better cooperation from security agencies during civil unrest and protests as this falls under the fundamental human rights of citizens.

7) The need to make officers understand that when they torture, they do not act on behalf of the government, they act on their own accord and are fully liable for their actions.

8) The need to mass-produce and distribute the Anti-torture act to widen its reach and implementation.

9) The need for rigorous sensitization, seminars, and workshop for state-actors against the use of torture.

10) There is a need to improve the welfare of police officers to ensure adequate behaviour from the police officers. There is also a need to increase budgetary allocation for the police force to cater for improvement in facilities and technology for better service delivery.

11) The need to put in structures and initiatives geared towards the effective implementation of the Anti-torture ACT (2017)

12) Increase the pressure on the AG for the effective implementation of the Anti-torture Act.

13) The need to empower security agencies with adequate equipment to proper carry out constitutional duties instead of resorting to torture.

14) The need for psychosocial support for security officers, especially during the onboarding process after graduation from training schools/facilities.

15) The need for removal of bureaucratic bottlenecks in the modus operandi of the Police Public Complaints & Response Unit (PCRU) for effective action against guilty officers.

16) The need to reward police units and officers with less torture cases to serve as examples to other security agencies.

EDITOR'S CHOICE
Nov 24, 2021
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‘ENDSARS PANEL REPORT DISGRACEFUL, SELF-SERVING,’ SAYS OWONIKOKO

In this article posted on his Facebook page by leading litigator, MR. ABIODUN JELILI OWONIKOKO SAN, he argues that the ENDSARS Panel Report submitted to the Lagos State Government is fraught with irregularities, adding that none of the eleven persons listed as dead was proved to have died from the Lekki Shooting incident.

Re my Interview on Arise TV. This morning of 18th November 2021 on EndSARs Panel leaked report

This our country must change by learning to confront inconvenient truth . Not for my sake – but for the younger generation; and my children.

Please see and read the report before you comment oo. My client Lagos State government was not indicted in it . But it was my client that set it up. It is the body by law that can accept , reject or modify it for implementation. I am under no doubt absolutely that the report did incalculable injustice to innocent people and falsely pronounced people to be dead as a result of Lekki shooting on 20th October . At least at the last count since the report was leaked on social media ahead of submission to their appointor – about 4 days ago – 7 of the listed deceased persons have been shown to be alive or to have died at different places on days other than on 20th of October – not from Lekki incident . I can affirm that none of the eleven persons listed as dead ( and 4 presumed missing by the panel ) was proved to have died at Lekki toll gate or at all . Not even medical report , cause of death , or certificate of death was tendered by the petitioners in respect of these persons . In the province of proof of essential matters on which peoples’ life and faith are dependent, speculation or fact-rigging should never be granted entry visa . I know it sounds ridiculous to expect that to be the case ; but sadly that is the case with this report . I will be more than happy to have these assertions disproved by a panel member or a counsel abreast of the proceedings – just by displaying documents tendered which answered to all this vital missing evidential material . You should curse me and pray for the wrath of God to strike me and all that I hold dear if I was ever found commending such a disgraceful and self-serving and irresponsible supposed judicial panel of inquiry report . I am using these strong words with full conviction – I only pay attention and commit to worthwhile causes that can hold out against any genuine universal challenge. This should demonstrate to you the kind of human being I am . I don’t live by public acclaim or approbation – my entire life is on the mercy and grace of almighty Allah and fear of the last days in the grave before the day of reckoning . May He give us our deserving rewards for our actions , deeds and words . I should have been asking for forgiveness on this issue , but instead I am praying Allah to reward me for my public views on it – that is the much risk of my place in the hereafter I am staking on this very traumatic episode exemplified by the report . Pls anybody who cannot repeat this prayer to be his own fate for the consequence of either attacking or supporting me on the vexed report of Endsars Judicial Panel in Lagos State should kindly hold back and watch as events unfold on the matter . Thanks ?

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EDITOR'S CHOICE
Nov 18, 2021
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ENDSARS PANEL: ‘I DID NOT COLLECT ANY BRIBE,’ SAYS ADEGBORUWA

A member of the Lagos State ENDSARS Panel, Mr. Ebun-Olu Adegboruwa SAN has denied allegations that members of the panel received bribe in the course of discharging their duty.

Noting that panel members are being targeted for vilification by agents for state, Adegboruwa described this as “unfair, ungodly and least expected” and urged Lagos State Governor, Mr. Babajide Sanwo-Olu to rein in the perpetrators.

Below is the full text of the post on his Facebook page.

ENDSARS PANEL MEMBERS ARE BEING UNFAIRLY PERSECUTED

Since the submission of the EndSARS Panel Report to the Governor of Lagos State on November 15, 2021, members of the Panel have become subject of vicious attacks by those suspected to be agents of the government.

All manner of allegations have been heaped upon Panel Members, some of who have been called unprintable names.

I can confirm that no Member of the Panel lobbied to be appointed into the Panel. As a matter fact in my own case, His Excellency, the Governor of Lagos State, appealed to me to accept my appointment, which I saw as a call to national service. The primary reason the Governor gave to me then was that he wanted men and women of integrity, independent and not subject to manipulation, to be on the Panel.

Just today, my attention has been drawn to an interview by a Senior Counsel to the Lagos State Government, to the effect that Panel Members collected bribe in the course of the assignment. It is unfair, ungodly and least expected of the government and its lawyers.

The Lagos State Government asked for two weeks to enable it release a White Paper on the report submitted to it by the Panel. And we have been waiting, but it would seem that the Lagos State Government has now unleashed mindless propaganda upon Panel Members whilst at the same time asking for restraint from the general public.

I have in my custody, certified true copies of ALL proceedings of the Panel and all exhibits tendered before the Panel in respect of the Lekki Toll Gate Investigation. I urge the government to call its agents and lawyers to order so as not to provoke aggravated responses.

It is unfair to seek to denigrate peoples’ hard-earned reputation on account only that they accepted to render selfless service at the behest of government. If the government and its agents are not restrained from attacking others, nothing stops us from defending our integrity.

I should not become a victim of unwarranted attack just because I accepted to serve the government and the outcome of that assignment did not favour the expectations of the government. Suffice it to mention that I worked with men and women of unblemished integrity and I’m proud to be associated with them all.

I therefore appeal to His Excellency the Governor of Lagos State to call all agents of State to order and to keep to his promise to us to release a White Paper within two weeks and to send the unedited report of the Panel, to the National Economic Council.

God bless Nigeria.

Ebun-Olu Adegboruwa, SAN

Lekki, Lagos.

18/11/2021.

EDITOR'S CHOICE
Jun 16, 2021
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AYORINDE WRITES CJN, WANTS JUDGES’ VACATION ‘SUSPENDED’

Leading senior lawyer and former Chairman of the Legal Aid Council of Nigeria, Chief Bolaji Ayorinde SAN has asked the Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammad to “kindly direct a suspension of the 2021 Annual Judges Vacation in order to save our justice system.”

In the four-page letter obtained by CITY LAWYER and titled “RE: THE NEED TO SUSPEND 2021 ANNUAL COURT VACATION,” Ayorinde cited the #ENDSARS Protests, coronavirus pandemic and the recent JUSUN Strike as events that adversely impacted the justice sector.

In what he termed “My humble request,” the Bar Leader said: “It is a well-known and acknowledged fact that, our Judges are hardworking and patriotic Nigerians and as such and in view of the highlighted circumstances that had paralyzed judicial activities across Nigeria, there is a glaring opportunity for the Judiciary to make a bold statement to rekindle the hope of the common man, as well as, renew investors’ confidence in Nigeria as an investment destination. I therefore most humbly accordingly, urge Your Lordship and all other heads of Courts in Nigeria to in the interest of persons who are languishing in detention and awaiting trial and those that their cases have suffered inordinate delay due to extraneous factors aforementioned, kindly direct a suspension of the 2021 Annual Judges Vacation in order to save our justice system.

“My Lord, such a direction will no doubt portray the Judiciary as a most responsive institution and third arm of government that is the last hope of the common man. Such a direction will also definitely and substantially clear most of the backlog of cases which have suffered delays in our Courts thereby making our Courts ‘fit for the purpose’ again.”

The letter was copied to all heads of courts, all chief judges of the various states and FCT, the Nigerian Bar Association President and the Secretary to the Body of Senior Advocates of Nigeria (BOSAN).

AYORINDE_LETTER TO C.J

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EDITOR'S CHOICE
Oct 27, 2020
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Comments Off on #ENDSARS PANEL: ‘WHAT SANWA-OLU TOLD ME,’ BY ADEGBORUWA

#ENDSARS PANEL: ‘WHAT SANWA-OLU TOLD ME,’ BY ADEGBORUWA

Fiery human rights activist and member of the #ENDSARS Judicial Inquiry Panel, MR. EBUN-OLU ADEGBORUWA SAN chronicles his encounter with Lagos State Governor, Babajide Sanwa-Olu and why he accepted to serve on the panel.

My phone rang unusually, but it was a call that I had to pick, given the assignment that came through that source some days earlier. He is my Learned Brother Silk and the Honourable Attorney-General of the State where I reside and practice. He is also a friend. About a week ago, he had politely requested me to serve Lagos State as a member of the Criminal Law Review Panel and I was already engrossed into that assignment, given the business-like model adopted by the Chairperson of the Panel, the Honourable Justice Adenike Coker. I had just returned from a very strenuous trip from Abuja, so I was thoroughly exhausted, but I had to pick the call. He thanked me for accepting to serve in the Criminal Law Review Panel but now he has a more urgent assignment for me. He then asked me to speak with His Excellency the Governor of Lagos State. Though the voice was somewhat calm, I could sense the urgency as well. He appealed to me to come to the aid of the State, at this time. He said he knows my position on issues and that is exactly why he has chosen me for a new assignment. He wanted people with an independent mindset who would tell it as it is, not minding what they uncover. He had given an undertaking to the youth to interface between them and the Federal Government in respect of the EndSARS protest and the National Economic Council has advised all States to set up Judicial Panels of Inquiry into the brutality suffered by citizens in the hands of the police. He wants me to serve on the Panel for Lagos State.

I thanked him and then requested for time to think about it, hoping in my mind to consult widely on the issue. I had a constituency and I began to call prominent members of my constituency, that is, civil society and the legal profession. Suggestions came forth in many ways and I gave the feedback to the State. Some adjustments were made and after securing assurances from the Governor, I accepted to serve as a member of the Panel. The next thing of course would be to ascertain the legality of the assignment, so I consulted the Tribunals of Inquiry Law of Lagos State, section 1 of which states as follows:

“1. Power to constitute Tribunal of Inquiry
(1) The Governor may when necessary, constitute one or more persons by a signed instrument, a Tribunal with authority to inquire into the conduct or affairs of any officer in the public service of the State, or any officer in a local authority in the State, or of any chief, or the management of any department of the public service or of any local authority or declarations of customary law relating to selection of an Oba or a recognized Chief or any matter relating to any chieftaincy dispute, or INTO ANY MATTER IN RESPECT OF WHICH IN THE OPINION AN INQUIRY WOULD BE FOR THE PUBLIC WELFARE.”

Given the position of the courts on the famed Oputa Panel, it became imperative to be well guided. In the opinion of the State, the Panel was primarily an attempt to heal wounds, to relate with victims of human rights abuses, by the police and other law enforcement agencies, such as Vehicle Inspection Officers, LASTMA, local government tax collectors, etc and then offer compensation. The Governor had assured of a Victims Trust Fund already established with a take-off grant of N200m, from which due compensation would be paid to the victims, as determined by the Panel. I had made other requests, concerning other members of the Panel and also my status, to serve only as a part-time member without the payment of any allowance, salary or benefit in any manner whatsoever. This was granted and indeed the Honourable Attorney-General ensured that members got the Instrument constituting the Panel signed by the Governor and also a letter of appointment. So far as these two documents were handed over to me, I was satisfied with the sincerity of the State, especially on the issue of autonomy and independence of the Panel.

The Panel members were sworn in at a brief ceremony at State House, Marina, on October 19, 2020 and we set to work immediately, by visiting the venue of its sittings at the Lagos State Waterways Authority office at Falomo, Ikoyi, Lagos. We indicated our disagreement with the venue for many reasons and the authorities obliged us with a change of venue to the Lagos Court of International Arbitration, LCIA, at the second roundabout of Lekki Phase 1. We requested an independent secretariat and other facilities, in order to be truly independent of the government. Then came the Black Tuesday, at the Lekki Toll Plaza. There was a national outrage on the events that happened at the Lekki Toll Plaza, especially as to different accounts from social media influencers. By Friday October 23, 2020, the Governor made a state broadcast by which he added the Lekki Toll Plaza matter to the terms of reference of the Panel. As usual, Panel members demanded for an Instrument in this regard.

We then set to work, developing the rules of practice and procedure for the Panel, to interview and interact with members of the Secretariat and to conduct a physical inspection of the venue for the sittings of the Panel. It would then seem very clear that the State was serious about the Panel. I have received a number of calls, counsel and prayers, about my membership of the Panel. Why would I accept to serve a government that I had battled with in court for so many years? First, the cases that I filed in court were not meant to derail the government but rather to strengthen the rule of law and help the government. Second, having fought tooth and nail these many years, any opportunity created for engagement should not be ignored by those directly involved in the struggle to liberate our people. Or how else do we secure victory if we run away from the solution? The Governor stated it to me clearly and indeed in all his public declarations on the matter that he wanted people with independent minds and who have the integrity to do a thorough job without being influenced one way or the other. Pray, how do I run away from an engagement that will lead to the compensation of victims of government brutality, most of who are the masses of our people? What then is the essence of the struggle over the years, if we shy away from holding the government accountable for its actions and inactions?

I have myself been a victim of brutality, by the police and by soldiers, by LASTMA and by other government officers, so I know what it means to be a victim. I count myself also as worthy and deserving of some compensation for the many abuses that I suffered in the past but I drop my own personal case on this occasion in the interest of others since God has been merciful to help me survive and overcome the trauma of my ordeal. So then I accepted to serve on the Panel, given the assurances of the Governor, the commitment shown with the signed legal Instrument constituting the Panel, my letter of appointment and the other members of the Panel who have all shown the desire to do a thorough job. And since I made it a condition to serve only on a pro bono basis, that in itself is a signal to the authorities that it would be a no nonsense exercise. We will say it as it is and as it should be, otherwise it will not be worth the trouble at all.

It will then be for me to appeal to all and sundry to come up with their claims, complaints and petitions. The rules of engagement by the Panel have been made so simple, such that victims can approach the Panel and be assisted by the Secretariat to document their complaints on oath, since it is a judicial panel of record. Those who wish to appear with their counsel are free to do so, by submitting their petitions accompanied with an affidavit verifying the facts of the petition. We have multiple assurances from the government and the agencies concerned of maximum cooperation with the Panel in the course of its assignment. I therefore appeal to all Nigerians to come up with the cases, video clips, write ups and other evidence of human rights abuses such as torture, extortions, arrest and detention, killings, deprivations and such other cases as perpetrated by any agency of government.

On Sunday, October 25, 2020, it was widely publicized that Ministers and Governors of the South-West visited the Governor of Lagos State on a sympathy tour of structures affected by the wanton looting and destruction that took place. In the course of their visit, they were led to the Lekki Toll Plaza, to assess the situation thereat. It was at the same Lekki Toll Plaza that the incident of alleged shooting of EndSARS protesters was said to have taken place.

Since the Panel has been vested with jurisdiction over the Lekki Toll Plaza, I verily believe that it is illegal for anyone else to conduct any visit to the said Lekki Toll Plaza in the absence of and without the authority and consent of the Panel. It was reported that in the course of the visit, the former governor of Lagos State and the Honourable Minister of Works and Housing, Mr. Babatunde Fashola, SAN, discovered a hidden camera, which he took. This is a clear case of illegally tampering with exhibits that may become useful to the Panel in the course of its assignment. I appeal to the Governor of Lagos State to allow the Panel the full autonomy and independence that was promised at the time of inauguration. It is contempt of the Panel for anyone to usurp the powers of the Panel in the way that has been reported. In this regard, the Panel will not shy away from summoning anyone who is alleged to be involved in any contemptuous act that may obstruct the course of justice. It certainly cannot be business as usual.

The healing process has commenced and I can assure all Nigerians that the Panel is determined to do a thorough job, based on its terms of reference. It is painful that these infractions happened at all, but the opportunity for restitution and compensation should not be discountenanced.

Victims can reach the Panel through the following platforms: judicialpanelonsars@lagosstate.gov.ng

0901 051 3203, 0901 051 3204, 0901 051 3205. The Panel will be sitting at the Lagos Court for International Arbitration located at N0.1A, Remi Olowude Street, 2nd Roundabout, Lekki Phase 1, Lagos.

Life without Christ is Crisis

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EDITOR'S CHOICE
Oct 27, 2020
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#ENDSARS: AKPATA STORMS PROBE PANEL, VOWS CLOSE MONITORING

PROMISES FREE LEGAL HELP FOR VICTIMS

Nigerian Bar Association (NBA) President, Mr. Olumide Akpata yesterday stormed the inaugural sitting of the Lagos State Judicial Panel of Inquiry for Restitution for victims of #EndSARS-related abuses and the October 20 Lekki Tollgate shootings.

Briefing NBA Lagos Branch members after the visit, Akpata vowed that NBA will closely monitor the activities of the panel to ensure that justice is done to all victims of the crisis.

Akpata, who was addressing the lawyers during their monthly general meeting, said that NBA would also set up free legal assistance teams to help victims pursue their cases before the panel, even as he called for “sober reflection and positive action.”

He stated that he visited the Lagos State panel of enquiry to represent the association, adding: “My Lord Justice (Doris) Okuwobi gave me the opportunity to let the panel know that the NBA intends to be actively involved in this panel in Lagos and similar panels set up all over the country.”

Speaking specifically on NBA’s roadmap for the enquiry panels, Akpata said: “And just to latch on to the point made by my brother Emeka Nwadioke, our intervention will be two-pronged: firstly, as we have already indicated, we want to provide through our members pro bono service to victims – so that we can help them at all these panels, the 36 States and the National Human Rights Commission Panel set up in Abuja, help these victims articulate their petitions and also present their petitions.

“We are going to set up teams. We already have the Public Interest Team that we are putting together and a database of lawyers who have already indicated that they would like to be part of this process. He stated that the process is ongoing and urged the branch leadership to seek out more volunteers for the pro bono project.

Continuing, Akpata said: “The second leg of our intervention would be serving as independent observers in all of these panels, serving as friends of the court – or friends of the panel, as it were – to ensure that the panels are proceeding unimpeded.”

He stated that the Lagos State Panel of Inquiry leadership was “very delighted that the NBA is ready to play these roles, and has assured me that we would be given due recognition, and that our members who come in to play the independent observer role would be duly accorded recognition and audience as at when necessary.

“For Lagos, for example, by my calculation there would be 72 days of sitting for the next 6 months. So it will be important for us to set up committees. The volunteers can take turns to participate in the proceedings of the panel so that we can be the watchdog, play the watchdog role that is ours to play. We intend to be very involved.”

Turning to the protests, the NBA president noted that many lawyers bore the brunt of the destruction of properties. Noting that standing aloof is not an option, Akpata stated that there are “wider issues” involved. He said that beyond the #ENDSARS protests and the Lekki Toll Plaza killings, “there are root causes that we must address.”

He noted that “the masses are protesting,” adding that “we must attack the root issues, we must intervene in this process as the NBA, we must mediate in this process.”

On the efforts earlier made by the NBA, Akpata stated that in the days leading to October 20 when the crisis peaked with the killing of some protesters at Lekki Toll Plaza, NBA led efforts along with its branches and States Attorneys-General to free all detained protesters, adding that he is “very proud of the work our members did facilitating the release of members of the public who were arrested around the country.

“Beyond that, we very quickly collaborated with the National Human Rights Commission. As you know, we are working closely with the NHRC on the independent panel of enquiry that has been set up by the commission to look into the SARS protest. Our First Vice President is a member of that panel which is led by the Honourable Justice Suleiman Galadima.

“We are also working closely with the National Assembly. Working closely with the Speaker of the House of Representatives, we set up a 7-man Committee on tweaking the Police Service Commission Act to ensure that the new iteration of that law will cater for a transparency and accountability framework that will deal with erring police officers.

“As soon as the unfortunate event of 20th of October happened, we issued a statement where we made it categorically clear on behalf of the association that the event of that night was totally unacceptable – shooting at unarmed harmless protesters – totally unacceptable, and would not be entertained by the Nigerian Bar Association; that we would rise up in defence of any Nigerian so assaulted, which is what we are doing.

“Immediately, we called for a meeting of the NBA and at that meeting we discussed the issue extensively and came out with a communiqué which had since been issued. Essentially, the association has given us the mandate not only to do that which we are already doing – which is to support Nigerians who have come under attack from the security forces – but also to intervene in what has become an impasse, to intervene in a situation that is degenerating by the day because the society is looking up to us as the NBA to intervene in this process.

“Of course, you know that it has come close to home – uncomfortably so. We inspected the High Court at Igbosere and what we saw left us speechless. It is one thing to hear about the destruction, but to see it first-hand leaves you numb as it did to us yesterday (Sunday).”

He urged NBA Lagos Branch to “lead the way” in working with the judiciary “to see how we can come back to where we were before the unfortunate incident, and taking the opportunity to improve on the facilities that existed previously.”

Akpata also commiserated with members of the branch whose offices were vandalized during the carnage at City Hall.

In his response, NBA Lagos Branch Chairman, Mr. Yemi Akangbe applauded Akpata intiitives taken by his administration to tackle the crisis, saying: “You have stepped in an.d taken leadership. We are proud of you as an esteemed member of this branch.”

Among many senior lawyers who attended the virtual meeting are former NBA presidential candidates, Chief Emeka Ngige, SAN and Dr. Babatunde Ajibade, SAN; Chief Bolaji Ayorinde, SAN; Mr. Tunde Busari, SAN; Mrs. Olufunke Agbor, SAN; Mr. George Etomi, NPOM; NBA General Secretary, Mrs. Joyce Oduah and fiery Nigerian Law School teacher, Mr. Sylvester Udemezue.

The panel is made up of the retired Justice Okuwobi as chairman; Mr. Ebun Adegboruwa, SAN; Mr. Taiwo Lakanu, a retired Deputy Inspector-General of Police and a founding member of SARS; Mrs. Oluwatoyin Odusanya, Director, Lagos State Directorate of Citizens Rights; Ms. Patience Udoh, Mr. Segun Awosanya (segalink) and two representatives of the youth.

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