25102020 - Looting spree in 9 states

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PAGE 18—SUNDAY Vanguard, OCTOBER 25, 2020 LEKKI SHOOTING, SARS BRUTALITY: How victims will get justice — Ebun Adegboruwa, Lagos probe panel member •Says illiterates dominate the police By Charles Kumolu, Deputy Editor Human rights activist and member, Lagos State Judicial Panel of Inquiry on activities of disbanded Special Anti-Robbery Squad, SARS, Ebun Adegboruwa, SAN, in this interview, speaks on how judicial panels of inquiry on human rights abuses set up by states can achieve results. He also looks at the shooting of peaceful protesters and other issues surrounding the latest calls for police reforms. Some states have inaugurated judicial panels of inquiry on human rights abuses committed by members of defunct SARS and you are a member of the Lagos State panel. Nigerians do not seem to have faith in the panels having seen similar ones that were not fruitful. Is this going to be different? I believe those expressing pessimism about panels of inquiry set up by government are vindicated by a sense of history. Given our history, they can’t be blamed. There is a distrust that exists between the citizens and government in terms of previous declarations by government, which have not seen the light of the day. It was in the light of that experience that when this panel was announced, I extracted sufficient commitment from the state governor concerning the autonomy of the panel. I got those assurances. Since it was not something that was lobbied for, I pleaded with government to allow me to serve on the panel on part-time basis. By that arrangement, I won’t be entitled to remuneration or sitting allowance. It would put one in a position where he can make informed decisions, and take objective views of all matters coming before the panel. I also looked at other members of the panel, especially the Chairman, Justice Okwuobi, retd, who is acknowledged to be a very forthright and steadfast judicial officer. We have representatives of the National Human Rights Commission, NHRC, and representatives of the civil society and initiator of the #EndSars movement, Segalink. Against that background, I don’t have any doubt that this would be a different panel. Independent job So long as government would continue to honour its commitment to allowing us to do an independent job, the panel would be different. As part of the efforts to ensure we do a good job, we demanded and got instruments of appointments under the Tribunal of Inquiry Law of Lagos State, which has given legal backing to the panel. We got letters of appointment also. Against that background, I see some level of seriousness on the part of the governor. Immediately after the panel was inaugurated last Monday, we commenced mock sitting because the stage had been set. Several social media platforms have been created. There is a telephone help desk and we are ready to hit the ground running but for the events of the #EndSars protests, which has become a little uncontrollable. I believe the panel will do a good job. In view of the immediate reasons for setting up the panel, which is the demands of #EndSars protesters, don’t you think the six-month period given to the panel is too long? From the instrument of appointment constituting the panel, the governor gave an initial period of six months. It was stated that the panel is entitled to regulate its proceedings and draw up its rules of engagement. A panel of inquiry is more like a court where normal procedures for due process has to be followed. We are talking about people bringing complaints about brutality, rights violations and abuses. It would involve making allegations against some persons or institutions. Those allegations must be verified, they must be serious so that they can be on oath. It is to ensure they don’t just make frivolous allegations against people that cannot be defended. As it is normal in the court parlance, we have to create a system whereby those complaints can be interrogated. And before you decide on the fate of the person who complaints have been made against, you need to hear from the person. For instance, if there is an allegation against a police officer, we need to send a summons to the police to make him appear before us. If there is a written complaint, we need to avail him the opportunity to receive the complaint and respond. He must be entitled to confront the person making an allegation against him, either by himself or through his legal representative. Complaints I listened to the President of the Nigerian Bar Association, NBA, who said the NBA has appointed lawyers who would assist people to ventilate their complaints before the tribunal. We will listen to their complaints, we would look at the evidence and give a decision about whether to uphold the complaints and if we do, what would be the compensation and the mode of payment. Beyond complaints of brutality against SARS, government also asked us to help set up procedures for an interface between the police and civilians. Also, we were Watching the video clips on social media was quite horrific and one was heartbroken seeing the bloodshed and the wickedness unleashed on peaceful protesters asked to look at how to ensure that henceforth, police procedure accommodates the rights of the people, especially in matters relating to granting bails and investigations of offences. I think that it is not too long a time. It is for us to ensure that if we hear a case today, we would ensure that within the next two or three days, our decision or judgment should be ready. It would also depend on the cooperation between the complainants and respondents on preparedness to proceed with their cases. We are ready. If we can take a case in a day and deliver judgment on the same day, it would be nice doing that. In the past, people of influence had been summoned by judicial probe panels and they refused to appear. If these panels summon someone, who complains has been laid against if the person decides not to appear, what happens? Comparison to the Oputa Panel is actually one of the issues that led to the procedures adopted in setting up the various panels across the states. The challenge then was that the then President of Nigeria, Olusegun Obasanjo, set up a truth and reconciliation panel, otherwise called Oputa Panel. And the panel was to take complaints from all over the land. It was sitting in Lagos. When the panel invited former military President, Gen Ibrahim Babangida, retd, his lawyers advised him not to appear. The lawyers checked and discovered that the President had no power to constitute a tribunal of inquiry beyond matters that happened at the federal level, especially Federal Capital Territory, FCT. They went to court and the court upheld their argument that in a federal republic such as Nigeria, the President cannot set up a panel to investigate affairs in Lagos State. That is why in this particular instance, governors are the ones setting up the panels. Under the Tribunal of Inquiry Law, any panel set up under it has the right to summon witnesses, and if those witnesses refuse to appear, it would issue a warrant of arrest to the police to arrest the witnesses and bring them to the tribunal. Like the regular court, it has the same power of summoning attendance of persons considered to be important witnesses. It is to reach a correct decision by the panel. I think the reason the National Economic Council, NEC, got involved is because of the federal institutions that the panel would relate with, especially the police and the Prisons. We are working on that to ensure there is synergy, which would lead us to achieve results. What is the scope of the panel‘s job? We are trying as much as possible to accommodate everybody that has genuine complaints from their experiences with the notorious SARS. To that extent, I think we have to look at it from the period SARS was established. And from our evidence, SARS was established in 1991. Since the immediate protests are about ending SARS, we cannot take complaints of incidents that happened before SARS was established. Necessarily, we would be dealing with matters relating to police and SARS right from the year SARS was established. But that is not to say that if we have any compelling case in which there is substantial injustice or brutality, we won’t attend to it. There is no restriction in terms of time or scope but we are just looking at it in terms of the reality of how we can prosecute the cases. When you bring a case involving police brutality, spanning over 20 years, it may be that the person has retired from the force, passed on or that evidence has been compromised because of the length of time. We want to deal with matters that we can get sufficient evidence to reach a decision that would be pleasing to the complainant and the society. For now, there is no time frame. The demand for better policing necessitated the setting up of the panel. And when the panel concludes its job, it’s expected that some recommendations would form part of the ingredients for the reforms. What are the key reforms the police need? Two things are involved in the challenges we have with the police. The first is the regular absence of qualification and manpower. The entry point of enlistment into the police is primary school certificate. And that has thrown a challenge because the people who do the major work in the Police are the rank and file. They include the sergeants, corporals and constables. They are the ones that interact with the public most often. Because of their level of education, the only way they have learnt to relate with civilians is to impose force and use their position to intimidate, harass and subjugate suspects. The first step of reform is to ensure that the entry requirement is increased in such a way that we can be considering OND or some kind of educational background that would put the person in a position to appreciate the rights suspects have. The second thing is funding. Over the years, the police as an institution have been neglected. I believe the funds going into the Police Trust Fund, which is a percentage of the profit of all companies in Nigeria, should be enough to reform the police if there is willpower to do so. I believe that one of the challenges is transferred aggression from the police to civilians. It stems from the frustration they go through in the hands of their superiors. If you want to reform the police, they should be given improved welfare. When that is done, they would have no cause to extort Nigerians as a means of sustaining their livelihood. The shooting of Lekki protesters has added more work to the tribunal’s work… The events that happened at Lekki Toll Gate would increase the scope of our work. And I have stated in various statements I issued on the matter that we would take the shooting of protesters as part of the incidents to investigate. And we will give it a serious priority. Watching the video clips on social media was quite horrific and one was heartbroken seeing the bloodshed and the wickedness unleashed on peaceful protesters. It gladdens the heart that the governor of Lagos State has already given a directive for an investigation. We would combine the outcome of the investigation with the evidence we have on social media to determine the culpability of anyone that may have been involved in using live bullets against protesters at Lekki Toll Gate. My personal pain is that the centre has been the most peaceful, the most coordinated and the most enlightened. There was no reason whatsoever to have cut down the lives of anyone there. We are going to work with government and if there is any cause to indict anyone, we would not shy away from doing it. Continues on www.vanguardngr.com
SUNDAY VANGUARD, OCTOBER 25, 2020, PAGE 19 #EndSars: Falz, Runtown, others vow to keep fighting A fter the unfortunate incident of Tuesday at the Lekki Toll Gate which led to widespread violent demonstrations across some parts of the country, the #EndSars protests have been outlawed by the federal government of Nigeria. Immediately after the President’s broadcast the steam seems to have drained out of many protesters but not some entertainers who have been leading the front-line of the struggle since inception. Falz, Runtown and a few others have vowed to continue the fight even just as many others have thrown in the towel after the president’s broadcast. In that breath, many entertainers have elected to make jokes and memes of the president’s speech, threatening to migrate to other countries. “Anyone making memes and jokes about running away is stupid and lost their damn minds. This is not over until it’s over,” Runtown fires. The leading lady of Nollywood and the “Lionheart” star Genevive Nnaji, has vowed to continue to donate to the course of uplifting Nigerians. “God bless you for your hardwork ladies. But please don’t stop. I’m tired of people dying because they can’t pay before service at hospitals. Bail money will be crucial now more than ever. I want to keep donating for it is clear our lives and well-being are in our hands, she tweets in reaction to a statement released by The Feminist Coalition on shifting their focus from supporting the protests to other means. Recording artiste and actor, Falz says, “ If they don’t have regard for the lives that we have lost these past few days I definitely do. And for their sake, I will never, never lose hope. Justice must be served. It is the very least they deserve,” he tweets. Popular Instagram comedian, Mr Macaroni also shares his thoughts on Twitter. He said, “ Too late to back down now. I refuse to be let down. I refuse to lose hope. Nigeria will be better. Wellmeaning Nigerian youths, now is the time to come together as one irrespective of tribe and religion and make plans on how to make Nigeria better for all of us. One voice.” Banky W is canvassing for a nationwide zoom conference. He has tweeted, “What do we think about having a nationwide zoom conference? We can share victims’ stories, talk about our protest experiences, and exchange ideas about the way forward. We can’t lose hope. It’s a marathon not a sprint. Police reform is just step one, the journey has just begun.” It would be recalled Falz and Runtown started the chain reaction of protests at the Lekki Toll Gate after the planned protest by Naira Marley was cut short by the Police who prevailed on him on the larger implication of the course. •Falz •Runtown •Genevieve Buhari’s speech reminds celebs of Jonathan Since the presidential speech of Thursday night, by President Muhammadu Buhari, following the outrage and massacre of Tuesday and Wednesday, many Nigerians have been left speechless, perplexed and utterly frustrated. They were not only shocked by the President’s total apathy to the Lekki Toll Gate inhuman incidents perpetrated by the military, but also miffed by the smug way he announced he would not tolerate further protests of the same nature. The President’s detached reaction to the “Lekki Toll Gate issue” has got some entertainers going down the memory lane to the era of former President Goodluck Jonathan. The first person to light up the memory flame is former Kcee’s manager, Soso Soberekon, who eulogizes the former president’s presidential virtues. According to a post on his Instagram page, Soso says there are questions Goodluck Jonathan needs to answer. He listed a number of questions to praise the former president’s fortitude in Two Nigerian entertainers, Omoniyi Makun popularly known as Yomi Casual, brother to celebrity comedian, AY and Nollywood actress and singer, Uche Elendu have suffered heavy losses in the wake of violent protests and looting that took place in Lagos on Wednesday after the Lekki Toll Gate shootings in Lagos on Tuesday night. The actress without mincing words stated that she is in shock and deeply pained as all her years of struggle and hard work had been taken from her. Uche Elendu took to her official Instagram page to lament her loss as her shop was vandalized and looted. . She wrote: “They took all my years of struggle and hard work from me, everything. I thank God for life. Posterity will judge all of dealing with the citizens. He writes: “GEJ needs to explain to Nigerians how he managed to pay fuel subsidy and yet sold fuel at N86 per liter.? “- GEJ needs to explain to Nigerians how he managed to swallow our insults, criticism and protests without using the military and DSS to hunt us down ? “- GEJ needs to explain to Nigerians how he managed to handle our group protests and yearnings without calling us terrorists? “- GEJ needs to explain to Nigerians how he managed to control our borders and yet a bag of rice was sold for 8k.? “- GEJ needs to explain to Nigerians how he managed to build 17 federal universities in 17 states in Nigeria? “- GEJ needs to explain to Nigerians how he managed to build almajiri schools in all the Norther Local governments? “GEJ needs to explain to Nigerians how he managed to hold $1 to N165 fo 4yrs Yomi Casual, Uche Elendu lose millions to looters •Iretiola you. E shock me ooooo #endsars #endbadgovernance.” Omoniyi Makun alias Yomi Casual was a bit stoic about his loss and took it like a man. He said he woke up on Thursday to learn of the immense damages that had come his way. “Woke up to this and the first thing that came to my mind is “It’s already too late to educate the hoodlums that this fight is for all of us and not at each other. If you are in Surulere please stay safe , Surulere stores are being looted by hoodlums.. Safety first,” he lamented His shop is located on popular Bode Thomas Street in Surulere and almost every shop and office was looted by hoodlums in the name of the #EndSars protest. •Uche Why I never voted for this govt —Iretiola Doyle Nollywood actress, producer and presenter, Iretiola Doyle of “Tinsel” fame has taken a swipe at the Buhari government by revealing two reasons she didn’t vote for the government, in an Instagram post. She said she could not come to terms with voting for Buhari as he didn’t cut the picture of the president that fits her reasoning. She said, “I didn’t vote this govt in for 2 major reasons: 1. I couldn’t in all good conscience vote for anyone who had been actively involved in running state affairs over the last 2 decades and 2, I was desirous of someone young, vibrant and in tune with current world events and Nigeria’s place in all of it. When in our typical knee jerk reaction to national issues combined with our desperation to remove a leadership that was no less incompetent he emerged winner; I was willing to suspend my disbelief in spite of my “- GEJ needs to explain to Nigerians how he managed to push Nigeria’s economy to be number 1 in Africa. “- GEJ needs to explain to Nigerians how he fought Ebola without closing Schools, Banks, Courts, Mosques, Churches and banning weddings/ gatherings... And without foreign intervention.. “GEJ, we need answers.” Since he made the post many entertainers have done the same on their pages. •Jonathan •Yomi reservations.” Continuing she added, “In the face of growing evidence, a tiny part of me still gave the benefit of doubt, mindful that we live in the age of disinformation, focusing my attention mainly on the trickle of reports of his “great strides in infrastructure & poverty alleviation”, believing that when the dust settles posterity will be kind to this President and his administration. But THIS? Nah... Last night, every illusion I may have had has been shattered. I am forced to reexamine everything I thought I knew. I am bereft and totally horrified at the magnitude of what Nigeria is up against. And by that I don’t mean 1 man or 1 administration but a ruling class that will do anything; including devour their young while the world watches to maintain the filthy status quo. We’ve been shown the extent of their might; they have no inkling as to the full array of the superpowers of the people when they speak with one voice. We. Will. Not. Forget.”
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