LAGOS STATE

TRAFFIC OFFENCES: ‘HOW LAGOS STATE HOLDS MOBILE COURTS, CITIZENS BY JUGULAR’

In this piece, MR. BAYO AKINLADE, anti-corruption crusader, former Chairman of Nigerian Bar Association (NBA), Ikorodu Branch and self-styled “The Bonafide Lagosian” x-rays the operations of Lagos traffic management company and treatment of alleged traffic offenders and argues that the mobile courts are being held by the jugular by the Executive arm

The Lagos Metropolitan Area Transport Authority (LAMATA) is the Lagos State Government agency created to coordinate transport planning, policies, and public transport infrastructure implementation in the Lagos Metropolitan Area.

The organisation oversees wide range of transport planning and implementation of transport strategies and plans in Lagos, as well as the Lagos Rail Mass Transit and the Lagos Bus Rapid Transit System. THIS IS A BIG LIE AND THE SCAM OF THE CENTURY, this is why.

LAMATA IS THE REGULATOR OF ONLY ONE TRANSPORT COMPANY

The Blue BRT Buses are the only buses allowed on the BRT Corridor in Lagos State. The buses that operate on the corridor are owned by ONE company called Primero Transport Services. Primero is a private company owned by Mr. Fola TINUBU and your guess is as good as mine on who that is.

If one company alone has exclusive access to one whole lane on most of Lagos highways, then I am very bothered especially with the scarcity of roads in Lagos and the fact that most roads are damaged and under construction.

Despite its laudable initiative, the Lagos State government shows great indignation and hatred for its citizens when it allows us to spend hours on the roads while a whole lane is reserved for one bus company.

The fact that citizens have no competitive alternative is also a big disservice. Many users of the BRT are extorted daily by the bus company when monies are taken out of their bus cards illegally, they stand in queues for hours while the buses just stand there empty, they are forced to enter direct route buses and pay the maximum fare even though they are stopping on the way, there are mostly no refunds for wrongful deductions and the complaint process is set up to frustrate you.

Ordinary citizens have no respite? Can even the Federal Competition and Consumer Protection Commission stop this evil?

BRT LANES AND ENFORCEMENT

To secure the income of this one company that runs the BRT corridor, LAMATA has an enforcement team that engages the services of the Nigerian Police, LASTMA, FRSC and other law enforcement agencies.

These enforcers don’t know the traffic laws and instead of helping to ensure free flow of traffic as the object of LAMATA, they are interested in entrapping motorists and extorting monies from them. Is LAMATA concerned about this? Sadly NO.

I am aware that the MD of LAMATA has some foreign experience but I regret to observe that the MD is not competent enough to manage these situations that we find ourselves in Lagos State.

Should a state with so few road networks be busy impounding cars and arresting motorist for traffic offences that are created just to oppress people?

If people are taking one way, why don’t you just redesign the road and temporary designate one ways as ways that can flow both ways at certain times of the day. Why can’t enforcers redirect traffic instead of ambushing motorist? Why can’t they be more understanding and explain to the motorist why they should not do certain things rather than forcefully jump into their cars, tow their cars away, or illegally remove their licence plates?

It’s quite unfortunate that we may have experienced and educated people at the helm of affairs but ignorant, uneducated and violent persons as enforcers on the streets.

LAMATA AND THE COURTS

This one is closer to home. The government has held the Mobile Courts and some magistrates’ courts by the jugular. The judiciary is not independent to determine traffic offence cases. The system is so unjust that it is the traffic violator that has to prove his innocence. Most principles of Law don’t have a place in the adjudication of traffic laws in Lagos State.

I am so disappointed that our Judiciary has condescended to the Executive arm of government and allowed itself to be manipulated and intimidated. It has been rumored that the Judiciary now generates income for the Lagos State government in a clandestine manner. I am sure we can now see how. But the courts are helpless and they need the citizens to speak up for their rights.

Isn’t it ridiculous that when you are arrested for a traffic offence, those who arrest you don’t have tickets they can issue? Why should you commit an offence in Lagos Island and be forced to drive to Ketu to get a referral to appear in Court? Why should you go from court at Oshodi to Ketu to pay your fine? In this Lagos where it takes an average of 2 to 3 hours to get to any particular destination!

Let me appeal to both our Judiciary and the Legislators to reconsider the Traffic Laws, look at its implementation, management, enforcement and prosecution. The fines are absurd and inhuman, the process of prosecution and adjudication is skewed and illegal – mostly violating all known principles of law and the constitution.

WE ARE THE PEOPLE. The government is there to serve us and not to lord it over us. If you are arrested for a traffic offence, make sure you take pictures or make videos of the area.

Do not resist arrest but insist on driving your own vehicle or to be taken to court immediately. Get in touch with the Office of the Public Defender (OPD). The OPD is available at the mobile courts as well.

You may also contact the Legal Aid Council of Nigeria or any Nigerian Bar Association Branch in Lagos State.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use. The views expressed in this article are entirely those of the author and do not necessarily reflect

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  • EDITOR'S CHOICE
  • Mar 10, 2022
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  • Comments Off on BRT DEATH: LAWYER CHIDES SANWO-OLU, POLICE, OPERATOR

BRT DEATH: LAWYER CHIDES SANWO-OLU, POLICE, OPERATOR

The lawyer representing the family of Late Bamishe Ayanwola has berated Lagos State Governor, Mr. Babajide Sanwo-Olu for his handling of the demise of the BRT passenger.

In a statement made available to CITY LAWYER, Mr. Ayo Ademiluyi noted that “As we write, the Governor of Lagos State, Mr. Babajide Sanwo-olu has not deemed it fit to pay a condolence visit to the deceased’s family.”

He also stated that while the world was still in shock about her death, “Governor Sanwo-olu was seen dancing at Tafawa Balewa Square in Lagos.

“Despite the death of a young Nigerian woman and the revelation of her unfortunate death on the eve of the International Women’s Day, the wife of the Governor, Mrs. Sanwo-olu was still eager to CELEBRATE (?) the International Women’s Day. Despite protest by a young lady at the occasion in a viral video, it was still CELEBRATION galore (?).”

He decried the treatment meted to the family of the deceased by the Nigeria Police Force, adding that “Despite putting forward the viral video evidence produced by the deceased herself and sent to her friend, the family was shabbily treated by various Police Stations they turned to in Lagos State.”

According to Ademiluyi, a similar treatment was received by the deceased’s family at Lagos Bus Services Limited, the BRT franchisee, adding that “they were not only ignored but a team of combat -ready Mobile Policemen were set upon them.”

Below is a full text of the statement.

10TH MARCH, 2022

GOVERNOR SANWO-OLU DANCING ON THE CORPSE OF LATE BAMISHE AYANWOLA

We remain Counsel to the family of late BAMISHE AYANWOLA, who was found dead after a long search lasting many days when she became missing after sending videos to her friend after boarding a Bus Rapid Transport at Chevron Bus Stop headed for Oshodi Bus Terminus.

UNPROFESSIONALISM OF NIGERIA POLICE FORCE
After all forms of assurances that the Nigeria Police Force has been completely reformed following the iconic #EndSARS mass protests, two years ago in 2020, the ordeal that the family of late BAMISHE AYANWOLA encountered in the hands of different Police Stations in Lagos State confirm that nothing fundamentally has changed.

Despite putting forward the viral video evidence produced by the deceased herself and sent to her friend, the family was shabbily treated by various Police Stations they turned to in Lagos State.

Apart from total absence of forensic investigation facilities in many of these Police Stations, the insensitive attitude of Police officers on duty to the plight of family members of late BAMISHE AYANWOLA portray low morale among rank and file of the Police given poor pay and inexistent working equipment.

LAGOS BUS SERVICES LIMITED, FRANCHISE OPERATOR OF BRT IN LAGOS HAS A CASE OF CORPORATE CRIMINAL LIABILITY TO ANSWER
They experienced their worst treatment at the Corporate Headquarters of the Lagos Bus Services Limited, the franchise operators of the Bus Rapid Transport in Lagos State. Despite putting forward an heart rendering story of their search for the deceased, they were not only ignored but a team of combat -ready Mobile Policemen were set upon them.

It was when the corpse of the deceased was discovered that the Managing Director of Lagos Bus Service Limited began to make frantic calls.

There are innumerous (sic) questions for Lagos State Bus Services Limited but some are:

a. Why was the details of the “Relief Driver” who drove the BRT bus not with LBSL?

b. Why was the particular bus in question kept from public view and plying the roads?

c. Why was it that it was when the corpse of late BAMISHE AYANWOLA discovered that the operations of BRT shut down in Lagos? Is there priority of profits above lives of Lagosians?

We submit that the LAGOS BUS SERVICES LIMITED has a case of CORPORATE LIMITED LIABILITY to answer. We call for immediate arrest of the Managing Director of LBSL within 24 hours by the Nigerian Police Force.

LAGOS STATE GOVERNMENT LOOKS THE OTHER WAY: A CASE OF VICARIOUS LIABILITY
It is saddening that when the family reached out to the Special Adviser on Transport to the Commissioner for Transport of Lagos State Government, the laconic answer that they got was that the Lagos State Government has handed over the operations of Bus Rapid Transport (BRT) to private operators, to wit, the Lagos Bus Services Limited.

As innocent as the answer may seem, it totally begs the question of who is the francishor of Lagos Bus Service Limited. It also begs the question of why the BRT buses ply a specially demarcated lane on both Trunk A and Trunk B Roads in Lagos State.

It was soon to become clearer that his response is a tip of the iceberg of the lackadaisical response of Lagos State Government. As we write, the Governor of Lagos State, Mr. Babajide Sanwo-olu has not deemed it fit to pay a condolence visit to the deceased’s family.

On March 8, 2022, the day after discovering the corpse of late BAMISHE AYANWOLA, while the world was still in shock about her death, Governor Sanwo-olu was seen dancing at Tafawa Balewa Square in Lagos.

Despite the death of a young Nigerian woman and the revelation of her unfortunate death on the eve of the International Women’s Day, the wife of the Governor, Mrs. Sanwo-olu was still eager to CELEBRATE (?) the International Women’s Day. Despite protest by a young lady at the occasion in a viral video, it was still CELEBRATION galore (?)

We are of the view that Lagos State Government’s resort to side comments reflect the disposition of “sitting out” this matter.

IT WOULD NEVER HAPPEN. WE WILL CONTINUE TO DEMAND FOR JUSTICE.

AYO ADEMILUYI ESQ.
Lead Counsel to family of late BAMISHE AYANWOLA and Lead Partner, Newworth LLP

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  • EDITOR'S CHOICE
  • Jan 09, 2022
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  • Comments Off on MAGODO: ‘SUPREME COURT JUDGMENT MERELY DECLARATORY,’ SAYS OKUTEPA

MAGODO: ‘SUPREME COURT JUDGMENT MERELY DECLARATORY,’ SAYS OKUTEPA

Fiery senior lawyer and former Nigerian Bar Association (NBA) Lead Prosecutor, Mr. Jibrin Okutepa SAN has queried the manner of execution of the Supreme Court judgment in the Magodo Shangisha GRA Scheme II, Lagos lawsuit.

Arguing that the judgment was merely declaratory, the senior lawyer said that while judgments of the Supreme Courts are to be given effect by all, “can that judgment be enforced in the manner it was attempted to be done without first positive orders vide fresh action?”

In a post he made today on the CITY LAWYER WhatsApp forum, Okutepa argued that the “legal confusion” was caused “by the manner the reliefs granted by the Supreme Court were couched by the plaintiffs in the case.”

His words: “First the action from what I read was in a representative capacity. Second the reliefs sought and granted by the Supreme Court were declaratory in nature.

“Declaratory judgments are different from other judgments that made positive orders. Declaratory judgment is a judgment from a court that defines the rights of the parties regarding the legal question presented. Declaratory judgments differ from other judgments because they do not order a party to take any action or award any damages for violations of the law.

“Granted that under the Constitution judgments of the Supreme Courts are to be enforced by all persons and authorities in any part of Nigeria, can that judgment be enforced in the manner it was attempted to be done without first positive orders vide fresh action?”

Continuing, he said: “Is that judgment to be enforced in Lagos without the input of the High Court of Lagos State whose judgment was affirmed by the Court of Appeal and the Supreme Court? Can we indeed say that that judgment was judgment of the Supreme Court or the Judgment of the High Court of Lagos State as affirmed by the Appellate Courts?”

It is recalled that the Lagos State Government has been engaged in a face-off with the Attorney-General of the Federation, Mr. Abubakar Malami SAN on the enforcement of the Supreme Court judgment on the Magodo Shangisha GRA Scheme II, Lagos. This led the Lagos State Government to engage the judgment creditors in a negotiation towards finding an amicable resolution to the crisis.

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  • EDITOR'S CHOICE
  • Dec 23, 2021
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  • Comments Off on MAGODO EJECTION: LAGOS STATE VOWS TO PROSECUTE OFFENDERS

MAGODO EJECTION: LAGOS STATE VOWS TO PROSECUTE OFFENDERS

The Lagos State Government has vowed to prosecute anyone found culpable in the purported execution of the Supreme Court judgement in the case of Military Governor of Lagos State & Ors. Vs. Adebayo Adeyiga & Ors in Appeal No: SC/112/2002.

In a statement by the Lagos State Attorney-General and Commissioner for Justice, Mr. Moyosore Onignajo SAN, the government recalled that the social media was awash on 21st December, 2021 with reports that the Shangisha Landlords Association “with stern-looking Policemen took over Magodo Area of Lagos State in purported execution of a Supreme Court judgment.”

Continuing, the government said it “is therefore dismayed by the action of Chief Adebayo Adeyiga (one of the Judgment Creditors) who misled the Nigeria Police in attempting execution of the Judgment notwithstanding the pending Appeal against the issuance of warrant of possession by the then Chief Judge of Lagos State on 16th March 2017.”

It added that “The State Government enjoins the general public to remain calm especially Residents of Magodo Residential Area, while investigation into the unwarranted incident is being carried out with a view to prosecuting any person found culpable. The Lagos State Government has the high regard for the rule of law and will protect the interests of all parties.”

Below is the full text of the statement.

PUBLIC STATEMENT

ILLEGAL ENFORCEMENT OF JUDGMENT BY SHANGISHA LANDLORDS ASSOCIATION INRE SC/112/2002 BETWEEN MILITARY GOVERNOR OF LAGOS STATE & ORS. V. CHIEF ADEBAYO ADEYIGA & ORS.

i. On the 21st of December, 2021, it was reported through social media platforms that the Shangisha Landlords Association with stern-looking Policemen took over Magodo Area of Lagos State in purported execution of a Supreme Court judgment.

ii. It is a known fact that judgment was delivered in 2012 by the Supreme Court in Military Governor of Lagos State & Ors. Vs. Adebayo Adeyiga & Ors in Appeal No: SC/112/2002 wherein the Apex court affirmed the judgment of Court of Appeal and High Court delivered on the 31st December, 1993 in Suit No: ID/795/88 wherein the Court held as follows:

“I hereby enter judgment for the plaintiffs against the defendants as follows –

A declaration that members of the Shangisha Landlords Association whose lands and or buildings at Shangisha village were demolished by the Lagos State Government and/or its servants or agents during the period of June 1984 to May 1985 are entitled to the first choice preferential treatment by the Lagos State Government before any other person(s) in the allocation or re-allocation of plots in Shangisha village and I make the order against the 1st, 2nd, 3rd and 4th defendants (particularly the Lagos State Government and Land Use and Allocation committee) as agreed in the meeting held on 16th October 1984 with the Ministry of Lands and Housing and Development Matters, Lagos State.

2. An order of Mandatory Injunction is hereby made that the said defendants shall forthwith allocate 549 (five hundred and forty-nine) plots to the plaintiffs in the said Shangisha village scheme in the Shangisha village aforesaid.”
iii. It is obvious from the declaratory judgment of the Supreme Court that the judgment only recognized the Judgment Creditors as being entitled to first choice preferential treatment in the “allocation and or re-allocation of plots in Shangisha Village”. The judgment only relates to allocation of 549 plots of land and not possession of any land.

iiii. Several attempts by the State Government to resolve the matter amicably have been on even before the judgment of the Supreme Court was delivered. It is therefore not surprising that the Supreme Court held on page 27 of the judgment thus;

“…… This Court appreciates the magnanimity of the Lagos State Government in the proposals to effect an amicable settlement of this matter. The ball is now in the court of the counsel to the respondents who has a statutory duty to advise them properly to give the government their maximum co-operation in the execution of this judgment.”

v. The State Government engaged the Judgment Creditors between 2012 – 2015 and made proposal to re-allocate land to the Judgment Creditors at Magotho Residential Scheme within Badagry Area which was rejected by Chief Adebayo Adeyiga but majority of the Judgment Creditors led by Yemi Ogunshola, Jelili Yaya and Adeleke Adefala accepted the offer. Due to division within the Judgment Creditors, another round of settlement was initiated in 2016 which culminated in the proposal to re-allocate the Judgment Creditors to Ibeju Lekki Coastal Scheme situate at Ibeju/Lekki which was also rejected by Chief Adebayo Adeyiga.

vi. Subsequent to the rejection, the State Government has been in dialogue with majority of the Judgment Creditors from 2019 with a view to reach a concession towards implementing the Judgment.

vii. Noteworthy also is the pending application for interlocutory injunction dated 1st December 2020 before the Court of Appeal in Appeal No. CA/L/1005A/2018 seeking an order restraining Chief Adebayo Adeyiga and others (including their agents, servants privies or howsoever called, particularly the Police) from entering into, giving direction, taking possession or in any manner disturbing the quiet enjoyment of property owners in Magodo Residential Area Scheme.
viii. The Lagos State Government has equally observed that the execution was carried out by unknown Bailiffs as the Sherriff of the High Court of Lagos where the Judgment emanated were not responsible for the purported execution carried out on the 21st December 2021 at Magodo. The purported execution is therefore contrary to Order 8 Rule 17 of the Supreme Court Rules 2014 and Section 37 of the Enforcement of Judgment and Orders Part iii of the Sherriff and Civil Process Act, LFN, 2004.

ix. The Judgment before the Supreme Court was not in respect of declaration of title and the Supreme Court did not in any way grant title to land to the Judgment Creditors. The Judgment Creditors had no claim for possession and none was granted as no survey plan was tendered before the Court. The judgment is not affixed to any land anywhere and only declared that the Judgment Creditors are entitled to allocation of land from the State Government.

x. The State Government is therefore dismayed by the action of Chief Adebayo Adeyiga (one of the Judgment Creditors) who misled the Nigeria Police in attempting execution of the Judgment notwithstanding the pending Appeal against the issuance of warrant of possession by the then Chief Judge of Lagos State on 16th March 2017.

xi. The State Government enjoins the general public to remain calm especially Residents of Magodo Residential Area, while investigation into the unwarranted incident is being carried out with a view to prosecuting any person found culpable. The Lagos State Government has the high regard for the rule of law and will protect the interests of all parties.

Signed

Moyosore Onigbanjo SAN
Hon. Attorney General and Commissioner for Justice Ministry of Justice, Lagos State

23rd December 2021

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

‘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 ?

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. The assertions and opinions expressed in articles, announcements and/or news on this website reflect the views of the author(s) and do not (necessarily) reflect the views of the webmaster, the internet provider or CITY LAWYER. CITY LAWYER can in no way whatsoever be held responsible for the content of such views nor can it be held liable for any direct or indirect damage that may arise from such views. CITY LAWYER neither guarantees nor supports any product or service mentioned on this website, nor does it warrant any assertions made by the manufacturers or promoters of such products or services. Users of this website are always recommended to obtain independent information and/or to perform independent research before using the information acquired via this website.

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

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.
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  • EDITOR'S CHOICE
  • Oct 06, 2021
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  • Comments Off on SANWO-OLU SIGNS NEW CRIMINAL JUSTICE LAW

SANWO-OLU SIGNS NEW CRIMINAL JUSTICE LAW

The Lagos State Government has amended its Administration of Criminal Justice Law in a bid to promote justice delivery.

Signed into law by Lagos State Governor, Mr. Babajide Sanwo-Olu, the new law aims to foster the fundamental rights of suspects and constitutional provisions.

According to a statement by Mr. Moyosore Onigbanjo SAN, the Lagos State Attorney General and Commissioner for Justice, “The provisions include conducting criminal proceedings through audio and video conferencing platform, powers of Chief Magistrate to visit Police Stations, prohibition of media parade of suspects, compensation to victims of crime, protective measures for victims and witnesses as well as the Establishment of a Crime Data Register and the Criminal Justice Sector Reform Committee to monitor the implementation of this Law.”

The full text of the statement reads:

GOVERNOR BABAJIDE OLUSOLA SANWO-OLU SIGNS ADMINISTRATION OF CRIMINAL JUSTICE (AMENDMENT) LAW OF LAGOS STATE,2021

Mr. Governor, Babajide Olusola Sanwo-Olu on the 30th of September 2021 assented to the Administration of Criminal Justice (Amendment) Law [ACJL] of Lagos State, 2021. The ACJL was first passed in Lagos State in 2007 and amended in 2011 (more than ten (10) years ago) to ensure the Fundamental Rights of suspects and persons that come into contact with the justice system, as enshrined in the Constitution are protected.

In a bid to further strengthen the justice system, promote the rights of victims and suspects as well as address the issue of delay in the Administration of Criminal Justice in Lagos State, key innovative provisions have been introduced as amendments to the Law.

The provisions include conducting criminal proceedings through audio and video conferencing platform, powers of Chief Magistrate to visit Police Stations, prohibition of media parade of suspects, compensation to victims of crime, protective measures for victims and witnesses as well as the Establishment of a Crime Data Register and the Criminal Justice Sector Reform Committee to monitor the implementation of this Law.

This further reinforces the commitment of Mr. Governor, Babajide Sanwo-Olu to the promotion of Law & Order, Protection of rights of Citizens, decongestion of our Correctional Facilities and ensure a crime-free society in Lagos State.

The Ministry of Justice through collaborative effort with Stakeholders in the Administration of Criminal Justice will ensure the provisions of this law are enforced.

Moyosore Onigbanjo SAN
Hon. Attorney General and Commissioner for Justice
5th October 2021

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  • EDITOR'S CHOICE
  • Jan 06, 2021
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  • Comments Off on LAGOS LAND GRAB: ‘MY LIFE IN DANGER,’ CRIES EX NBA VP

LAGOS LAND GRAB: ‘MY LIFE IN DANGER,’ CRIES EX NBA VP

• ASKS GOV. SANWO-OLU TO INTERVENE
• ACCUSES LAGOS AGENCIES OF AIDING LAND GRABBERS

Former Nigerian Bar Association (NBA) Vice President, Mr. Monday Ubani has expressed concern over his safety following attempts by alleged land grabbers to take-over his client’s property.

In an SOS to Lagos State Governor, Mr. Babajide Sanwo-Olu, the fiery human rights activist alleged that there are frenzied attempts by some land grabbers to use Lagos State Government agencies to take over the property, urging Sanwo-Olu to intervene in the matter.

He said in a statement made available to CITY LAWYER that one “Engr. Ariori,” an alleged land grabber, boasted that “they” not only “installed” the present government in Lagos State, but that they “killed a popular doctor that stood (in) their way” concerning an adjoining land.

Said Ubani: “At the police station Engr Ariori boasted to me how powerful he is and how they installed this present government and will use them to take over that land from me. He even implicated himself while talking to me at the Police Station how they killed a popular doctor that stood their way over the opposite land in the estate. I do not know whether he was serious about this claim or he was trying to use that to scare me. I have petitioned Area F over threat to my life after that story.”

Below is the full text of the statement.

UPDATE ON THE LAND GRABBING EPISODE BY LAGOS STATE GOVERNMENT AGENCIES ON NO 1 FOLURUNSHO KUKU STREET, OFF OPEBI VILLAGE.

On the 31st of December, 2020 I raised alarm and sought the help of Nigerians to reach His Excellency Mr Babajide Sanwo-Olu over an unbridled attempt by the agencies of Lagos State Government to disposses a private citizen of his land he acquired legitimately and had been in possession for over 20 years with a certificate of occupancy of about 31 years. My Nigerian brothers and sisters, especially those of my friends who are close to the governor reached out to him with my pathetic cry for help. Dutifully and as a listening governor, His Excellency immediately ordered many of his aides especially the Commissioners to investigate the story including the wanton destruction of a place popularly called ‘Monkey Village’ which is close to the land in question.

Some of these aides some of who I know personally and have relationship with, have reached out to me and I have supplied some information and promised to give fuller details of the land matter in question upon resumption from my short holiday I took outside the State.

Despite the fact that I have received very vital information from numerous sources of how and who instigated the operation, I decided to keep quiet until I see what the State Government is up to with this land in question. I know how lawless we can be in this part of this world but I also know that there is always a limitation to state of anomie in our country, especially over certain matters that are very clear, unambiguous and straightforward.

However the various Press Releases and denials by the various Ministries that were clearly implicated and involved in the land grabbing scandal is becoming provoking that I feel compelled to cry out once again as there clear ominous signs in place that there is a larger sinister motive by these State officials over this land grabbing episode which the governor of the State may not be aware of.

As at yesterday, Ministry of Transport and Ministry of Environment have denied knowledge of the invasion, destruction and towing of the vehicles from the site to Alausa even when there is evidence that the “Notice to Remove” the vehicles was pasted by the Ministry of Transport and the said vehicles were towed to the Ministry of Transport Premises where the Mechanics who are legitimate tenants on the premises were asked to pay some amount of money before they can secure the release of their vehicles. So if Ministry of Transport is claiming not to have knowledge of the invasion, destruction of the site and towing of the vans to Alausa, the question will be what are the towed vehicles doing on their premises in Alausa? Who towed them there?

Today I read the Press Release of the Ministry of Physical Planning owning up to the invasion, destruction of the fences and structures on site and taking over of the property in question. They made several claims among which is that they acted on an approval by the Ministry of Justice of a faceless and nameless petition written to Special Task Force on Land Grabbers in Lagos State.

Secondly, they alleged clearing the site of shanties used for criminal activities and of mechanics who are constituting a nuisance to the neighbourhood. The site in question is completely fenced with a high gate. No one can see the mechanics(tenants) from outside unless, the gate is opened for you. No alleged criminals are harboured in an environment that is completely fenced off and have legitimate tenants that are known to the land owner.

They also allege breach of planning laws. The decent question will be which planning laws was breached? Assuming but not conceding that there is alleged breach, where is the Notice of any breach of the alleged planning laws by the owner of the property from the Ministry of Physical Planning before now? Are they saying that the “Notice to Remove” cars within 48 hours issued by Ministry of Transport has now become the Notice of breach of Planning laws of the State warranting invasion and taking over of a private property by them?

The second critical question will be which petition was written to the Special TaskForce on Land Grabbers and who were the writers of the petition? Could the writers be the same persons who invaded the same land few months ago and were sued with an injunction, and who up till now have refused to respond to the legal suit? Can we be availed of the petition and approval by the Ministry of Justice to take over a private land by the said Special Task Force on Land Grabbers?

Further and better question will be whether someone who has a certificate of occupancy over his land with effective occupation including payment of Land Charges up to date can be termed a Land Grabber of his own property in LAGOS STATE?

As at the evening of the invasion and destruction of the structures including the fences on the property on the 31st of December, 2020, the information at my disposal which I have even confirmed from Special Taskforce on Land Grabbers Unit in the Ministry of Justice is that they are the ones that led the operation to the land as a result of a complaint by the persons who purportedly obtained the Supreme Court judgement. The “beneficiaries” of the judgement were said to have alleged that they have executed the said judgement many years ago but that some people have repossessed the land and so they came to enforce the judgemrnt on their behalf.

It is confirmed to me that when the governor demanded explanation about the invasion, he was told by a high ranking officer of the Ministry of Justice that it was an enforcement of judgement that was carried out by the Ministry of Justice on behalf of the beneficiaries. At least the Press Release of Ministry of Physical Planning has further corroborated this fact.

What compounds all these stories and denials that are being spewed here and there is the questionable role of one Engr Omotosho who allegedly led the Government Officials to the site for the operation. Who is Engr Omotosho? Is he in which Ministry presently? Is he in the Ministry of Physical Planning or Ministry of Justice that have owned up being the Ministries that engaged in this illegal invasion and locking up a private property that has a certificate of occupancy given by the same Lagos State Government? He was alleged to be the one that led the operation of 31st December, 2020. Who is him in all this plans to take over this property?

Why these questions are germane is because a lawyer who was representing the family at the police station when the family first invaded the land some months ago sent me a text this evening informing me that the family has terminated the contract of one Engr Abiodun Ariori whom they contracted to help grab the land from my client at that time. The said Engr Ariori whom I sued along with others, according to him is no longer acting for the family.

My conjecture from this information is that they have contracted this Engr Omotosho who perhaps is more “powerful” and more “connected” to be their consultant for the “recovery of the land” . The intimidating and frightening mobilisation of men and materials for the destruction of the site and its environs can only be the work of a very “powerful”, “fearless”, “tough”, “intimidating consultant and contractor” who are part of the people that own and determine what happens and who can own anything in Lagos State!

PLEASE KEEP THESE FACTS IN PERSPECTIVES.

1. The Land has a certificate of occupancy of over 30 years. The owner of the property has fenced the property round with gate and has been in effective occupation with tenants, tenancy agreement of over 20 years and evidence of payment of Land Use Charge up to date.

2. Some land grabbers led by one Engr Abiodun Ariori led the invasion of the land some months ago and he is not a member of the family but hired by the family because they know his antecedent in “this business”, and they claimed they have a supreme Court judgement which was delivered over 25 years ago.

3. They refused to use court bailiffs to enforce the said judgement but illegal mopol and thugs and now Special TaskForce on Land Grabbers after many years of having obtained the said supreme Court judgement.

4. At the Police station, they tendered warrant of possession that showed an address different from the present land in dispute. They also tendered several survey plans different from the one used in the case at the High Court.

5. When I sued them at the High Court to come and prove the validity of the supreme Court judgement with regards to the land in question, they declined appearance and defence up till date.

6. The High at Court Ikeja granted an injunction against them and they were served, yet they refused to respond or file any response till date.

7. At the police station Engr Ariori boasted to me how powerful he is and how they installed this present government and will use them to take over that land from me. He even implicated himself while talking to me at the Police Station how they killed a popular doctor that stood their way over the opposite land in the estate. I do not know whether he was serious about this claim or he was trying to use that to scare me. I have petitioned Area F over threat to my life after that story.

In one meeting before the police, Mr Ariori even said that my client was dead but was reprimanded by the officer from the IG Monitoring Unit whom they brought from Abuja to come and meddle into the land matter. Those ones withdrew from the matter when they discovered their inconsistencies and moreover the matter was already in court.

8. Worthy of note is the desperation of this group of people when they invaded the land by bringing surveyors from God knows where to come and start re-surveying the land. It was shocking because this is the land they said they had judgement on. Why re-survey a land you purportedly have judgement on? That to me was the turning point in my belief that these men are just unfortunate land grabbers using raw power to take by force what does not belong them.

9. Despite the court injunction, they did not stop parading the land regularly and threatening the tenants therein that they should remove their cars as they will start work on the property very soon on the property. I have a video of when they first invaded the land and had started to commence building until I was able to stop them using the police and the law court.

10. Before this invasion, destruction and locking up of a private property with an inscription on the wall that it is in respect of an unknown judgement, Ministry of Transport pasted a “notice of removal” of vehicles on the site within 48 hours. I raised an alarm and called on the Commissioner of Transport who denied knowledge of the Notice. Their press release still say so, however I have stated it earlier that the vehicles at the site were towed to Ministry of Transport Premises at Alausa with an instruction to the mechanics from the said Ministry officials to collect their vehicles on payment of fees.

11. Special TaskForce Unit in the Ministry of Justice signed a document which was sent to the Commissioner of Police, Lagos State that the Unit was the one involved in the operation of the 31st of December 2020 in enforcement of judgement of the said Supreme court.

12. The police that I sent to the site on the day in question interviewed the people demolishing structures on the land and taking over possession, and they informed the police that they are from the Enforcement Unit in the Governor’s office. I have the video of the confirmation of where they said they came from.

13. The Ministry of Physical Planning is now claiming to be the Ministry that carried out the invasion, demolition and towing of the vans that were on the site on the grounds of approval from the Ministry of Justice and breach of an unknown planning laws without any prior notice of such breach to the owner.

14. Presently Area Boys and thugs have taken over site and some hanging around the site smoking dangerous weeds day and night, keeping vigil on the property with intention to have commenced building on the site the following day after the invasion but for my cry and shout that got the godly attention of His Excellency Mr Babajide Sanwo-Olu who i believe will give me a listening ear over this matter that his officials want to use to embarrass him and the Centre of Excellence.

MY PRAYERS:

1. That His Excellency, the Governor of Lagos State should not allow these desperate land grabbers to start any work on that site as that will mean that “might is right”. Our clients who have been in possession were chased out of the premises and the place taken over with an inscription that this is in respect of a judgemrnt of a court even though the Ministry of Physical Planning is claiming some other things in addition and to the contrary.

2. That the matter is presently in court and as a State that respects rule of law, we have a court injunction to which the defendants have not responded to up till now. Possession of a property is 9/10 of the law. No contrary court order has asked our client to be driven out of possession of the property in question. Justice must not only be done but be seen to have been done in this matter.

3.Since the State Government has asked his aides(Commissioners) to investigate this case and report back to him, I request that I should be given an opportunity to present my case in an unbiased atmosphere in order to hear me out concerning what is playing out in this case.

It is a pathetic case that the Lagos State Government should not have been involved in the first place.

LAST LINE:

1. Those governing us and presiding over state agencies should have this at the back of their minds that power is TRANSIENT AND EHPEMERAL; THAT NOTHING LASTS FOR EVER.

2. I have absolute faith in the government of His Excellency, Babajide Sanwo-Olu to resolve this matter in favour of JUSTICE, NO MATTER THE PRESSURE/S FROM ANY QUARTER THAT BELIEVE THAT THEY OWN LAGOS AND BY EXTENSION THIS WORLD.
Our client should be restored back to his property after the truth is established that we are in lawful occupation before the unlawful invasion and ejection.

“CONSCIENCE IS AN OPEN WOUND, ONLY TRUTH HEALS IT”.

Mr M.O. Ubani Esq,
Legal Practitioner
4th of January, 2021.
ubangwa@gmail.com.

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  • EDITOR'S CHOICE
  • Oct 27, 2020
  • 1
  • 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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