By Femi Falana
For several years, the human rights
community had called for the prosecution of the operatives of the Special Anti-Robbery
Squad (SARS) over incessant arrests, detention, torture and extrajudicial
killing of citizens. As such calls were ignored by the authorities the SARS
intensified the brutalization of citizens particularly young people. The video
of the reckless killing of an unarmed young man in Delta State sometime in the
first week of October 2020 by trigger happy SARS officials went viral and led
to spontaneous street protests in many states of the Federation and the
Federal Capital Territory. In its initial reaction to the protests the Federal
Government announced that SARS would undergo some reforms.
Furthermore, the Federal Government
and the various State Governments instituted Judicial Commissions of
Inquiry to probe sundry allegations of police brutality (which had been ignored
over the years) in accordance with the directive of the National Economic
Council. Notwithstanding that the protests were acknowledged to be peaceful
the Federal Government became frustrated that they were not called
off. In Ogbomoso, Oyo State, Port Harcourt, Rivers State, Asaba, Delta State,
Benin, Delta State and other cities the police killed scores of protesters
without any basis. In Lagos and Abuja the protesters were attacked by a gang of
hired thugs. The protesters promptly arrested the thugs and handed over to the
police for prosecution. But as the criminal elements were released by the
police the so called saw a free rein for thuggery and stepped in to hijack the
protests.
The armed thugs engaged in the
killing of policemen, set private and public buildings on fire, attacked police
stations and correctional centres where they freed a number of convicts and
awaiting trial inmates. Under the pretext of collaborating with the
police to restore law and order a battalion of the Nigerian Army invaded the
Lekki Toll Gate, in Lagos. Upon sighting the armed soldiers the #endsars
protesters waived the Nigerian flag and sang the national anthem. Without any
provocation whatsoever the soldiers opened fire on the protesters. Some of the
protesters were killed while others were injured. It was a case of what Fela
Anikulapo-Kuti once referred to as "sorrows, tears and blood." As the
killing of the unarmed protesters defied the rules of engagement of the armed
forces the Army Headquarters became embarrassed and denied that troops were
present at the Lekki Toll Gate.
The Attorney-General of the
Federation and Minister of Justice, Mr. Abubakar Malami SAN said that those who
attacked the protesters were hoodlums who wore military fatigue. On not
less than five occasions, the Minister of Information has categorically denied
the killing of any protester. In challenging the claim of the survivors Alhaji
Mohammed said that it was a case of killing without bodies and names. But when
confronted with irrefutable digital evidence by the #endsars protest movement
the army turned round to admit that soldiers were at the Lekki Toll Gate to
stop the protests and that they only shot rubber bullets into the air!
Thereafter, four military officers
appeared before the Lagos State Judicial Panel of Inquiry on Restitution
for Victims of SARS Related Abuses and Other Matters headed by Justice Doris
Okuwobi (retd) where they gave evidence and denied the allegation of the
killing of protesters. But the military officers and their lawyers suddenly
withdrew appearance from the Panel as soon as eye witnesses, victims including
amputees, relations of those who were killed, medical personnel and other
experts appeared to give evidence at the Panel. Thus, as the Commission rightly
pointed out that the overwhelming evidence of the eye witnesses and forensic
experts which implicated the military and police personnel who carried out the
brutal killing of the protesters was not challenged by way of cross
examination.
The Justice Okuwobi Judicial
Commission submitted its report last week. Upon receiving the report, Governor Babajide Sanwoolu confirmed that the Government did not
interfere with the work of the Commission when he said that “It is instructive
for us to put it out on record that the panel has been totally independent. The
panel has had its full request and has been given full authority to summon to
inquire, to ask, to request anybody or anything so wish that would help them
come to conclusion. The governor commended members of the panel for the work
done, adding that posterity will be kind to them. He said the report will be
submitted to the national economic council (NEC), adding that “proper response”
will be accorded to the recommendations.
The Governor has already
constituted a four-member committee headed by Mr. Moyosore Onigbanjo SAN, the
State’s Attorney-General and Commissioner for Justice to come up with a White
Paper on the panel’s recommendations within the next two weeks. Having accepted
the report in good faith the Governor said that "I’m believing and
trusting that this process will help us start the very difficult process of
proper reconciliation, restitution, bringing together of anyone that must have
been one form or the other being affected. By either the police or any of our
citizens that must have been wronged by one form or the other, the process of
healing, I imagine, with the submission of this panel report, will start that
process.”
After the official presentation of
the report a leaked version was circulated on social media. In its 309-page
report the panel found that soldiers stormed the Lekki Toll Gate to disperse
#EndSARS protesters on the night of October 20, 2020 and that at least 48
protesters were either shot dead, injured with bullet wounds or assaulted by soldiers.
According to the report, nine protesters were confirmed dead, while four were
presumed dead. Among the 48, about 20 sustained gunshot injuries, while 13
others were assaulted by the military. The panel also noted that 96 other
corpses were presented by a forensic pathologist at the Lagos State University
Teaching Hospital, Prof John Obafunwa. It was confirmed by the Panel that the
protesters were killed by policemen and soldiers.
Consequently, the panel recommended
that all officers and soldiers that were deployed in the Lekki Tollgate on
October 20, 2020 should be made to face appropriate disciplinary action,
stripped of their status, and dismissed as they are not fit and proper to serve
in any public or security service of the nation.” The Commission further
recommended that the Divisional Police Officer of the Maroko Police Station
along with policemen deployed from the Maroko Police Station on October 20 and
21, 2020 be prosecuted for arbitrary and indiscriminate shooting and killing of
protesters. The Commission recommended that the Lekki Toll Plaza be made a
memorial site for the protest by renaming it the #EndSARS Tollgate and that
October 20 of every year be made a “toll free day” at the plaza as long as the
tollgate exists.
The findings of the Commission is a
complete negation of the consistent claim by the Federal Government that there
was no massacre at the Toll Gate during the nationwide protests against
extrajudicial killings and police brutality by operatives of the SARS. Having
read the report, I wish to state without any fear of contradiction the panel
gave everybody fair hearing, analysed the oral and documentary evidence,
summarised the findings and made profund recommendations. The Nigerian Army
which withdrew its officers from the proceedings of the Panel has itself to
blame for the indictment of its personnel. In defence of the security officials
a few persons had attempted to poohpooh the findings of the Commission
and discredit the members.
Furthermore, the Lekki Concession Company
Limited, an agency of the Lagos State Government which later disabled the CCTV
camera at the Lekki Toll Gate which captured the tragic incident of the night
in question had issued a press statement to condemn the wanton killing of the
protesters. A copy of the press statement was tendered and admitted in evidence
during the proceedings. In any case, the controversy surrounding the findings
of the Commission is centred around the number of the protesters that were
killed and not that the killings did not occur. But it is on record that a few
hours after the incident Governor Sanwoolu had disclosed that two people were
killed at the Lekki Toll Gate. The disclosure was made after the Governor had
visited several injured people who were then receiving treatment in some
hospitals. It is therefore crystal clear that those who are out to discredit
the report are obviously weeping more than the bereaved.
But no amount of campaign of
calumny can impeach the solid credencials of members of the Judicial Commission.
The panel was led by Doris Okuwobi, a retired judge and former
Solicitor-General and Permanent Secretary in the Lagos State Ministry of
Justice. Other members are Taiwo Lakanu, a retired Deputy Inspector
General of Police, Ebun Adegboruwa, a Senior Advocate of Nigeria and Patience
Udoh (representing the Civil Society), Segun Awosanya (human rights activist),
Olutoyin Odusanya (Director, Lagos Citizens Mediation Center), and Temitope
Majekodunmi, a youth representative. The remaining two members, who were among
the protesters, resigned from the panel.No doubt, the Lagos State Government
must have been stunned by the findings of the Commission.
Unlike similar bodies in other
states of the Federation the Okuwobi Commission was empowered by the Lagos State
Government to pay compensation to the victims of police brutality in deserving
cases. Based on its findings the Commission was able to pay not
less than N409 million to victims of illegal detention and torture as well as
bereaved family members of unarmed citizens who were extrajudicially executed
by some trigger happy police officers. However, as police brutality has
continued unabated the Okuwobi Judicial Commission has rightly recommended the
establishment of a standing Human Rights Committee to address the allegations
of human rights abuse by security forces. Since the Panel was only able to
attend to 186 out of the 252 petitions submitted to it by victims of police
brutality the Panel urged the Government to authorise the proposed human
rights committee to consider the remaining petitions.
Contrary to the antics of the
critics of the report of the Commission the Lagos State Government has
demonstrated its readiness to implement the recommendations. It is pertinent to
note that while the Commission was sitting the Governor Sanwoolu visited
the homes of the 6 police officers who were killed in Lagos during the
protests, paid them N60 million and announced that the State Government would
educate the children of the slain officers up to university level. The widow of
a spy policeman who was killed by the mob has equally been compensated by
the State Government. To stop the police from killing participants during
peaceful rallies and public meetings the Lagos State Government has equipped
the State Police Command with cannisters of teargas and water cannon.
The members of the Okuwobi Judicial
Commission of Inquiry deserve commendation for the thorough investigation of
police brutality in Lagos State. In view of the integrity of the members of the
Panel and the quality of the findings I am confident that the Lagos State
Government will pluck up the courage to implement the remaining recommendations
of the Commission. President Muhammadu Buhari has said that the Federal
Government is awaiting the report of all the Judicial Commissions of Inquiry
instituted by the State Governments with a view to taking appropriate action on
the recommendations. The Lagos State Government and other State Governments
should not hesitate to forward the reports of the Commissions to the Federal
Government. To that extent, the Commissions that are still sitting should
conclude the national assignment without any further delay.
Finally, while commending the
witnesses and their lawyers for exposing the official cover up of the egregious
human rights abuse perpetrated by the merchants of death in the country last
year the Federal Government and the various State Governments should ensure
that venues are designated where aggrieved citizens can hold rallies in
exercise of their fundamental rights to freedom of expression and
assembly guaranteed by sections 39 and 40 of the Nigerian Constitution.
The violent attack of unarmed protesters during peaceful rallies by
military personnel should be completely halted by the Federal Government. This
demand is in line with several decisions of Nigerian courts against the
involvement of military personnel in the maintenance of internal security in
the country. Since section 83 (4) of the Police Establishment Act, 2020 has
imposed a duty on the police to provide adequate security for citizens who
participate in public meetings and rallies the Inspector-General of Police
should stop the police from subjecting protesters to unwarranted attacks.
*Femi Falana is
Senior Advocate of Nigeria (SAN)
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