#EndSARS: Nigerian Police Ask Court To Stop Judicial Panels’ Probes Against Human Rights Abuses

December 3, 2020
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The Nigeria Police Force (NPF) has filed a suit at the Federal High Court in Abuja seeking to scrap the judicial panels of inquiry set up by state governments to probe allegations of rights abuses and other acts of police brutality following the nationwide #EndSARS protests.

#EndSARS: Nigerian Police Ask Court To Stop Judicial Panels’ Probes Against Human Rights Abuses 1

In the suit marked FHC/ ABJ/CS/1492/2020, the police argued that the state governments lacked the power to constitute the panels to investigate activities of the police force and its officials in the conduct of their statutory duties.

The NPF, through their lawyer, Mr O. M. Atoyebi, urged the court to restrain the Attorneys-General of the 36 states of the federation and their various panels of inquiry from going ahead with the probe focussing on police impunity.

The Police said that the state governments’ decision to set up such panels violated the provisions of section 241(1)(2)(a) and Item 45, Part 1, First Schedule to the Constitution and Section 21 of the Tribunals of Inquiry Act.

The Force argued that by virtue of the provisions of 241(1)(2)(a) and Item 45, Part 1, First Schedule to the Nigerian Constitution only the Federal Government had exclusive power to “organise, control and administer the Nigeria Police Force”.

It, therefore, urged the court to declare that “the establishment of a panel of inquiries by the governors of the various states of the federation of Nigeria, to inquire into the activities of the Nigeria Police Force in relation to the discharge of her statutory duties is a gross violation of the provisions of Section 241 (1)(2) (a) and Item 45, Part 1, First schedule, 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 21 of the Tribunals of Inquiry Act, Cap.T21, Laws of the Federation of Nigeria, 2004”.

The plaintiff also urged the court to declare that “having regard to the circumstances of this case, the attitude of the governors of the various states of the Federation of Nigeria, in this case, is unconstitutional, illegal, null and void and of no effect whatsoever”.

It sought an order of perpetual injunction restraining the 3rd to 38th defendants (the state Attorneys-General of the 36 states) “from making or conducting any investigations, sittings, and inquiries and from making or conducting any further investigations, sittings and inquiries in respect of matters affecting the Nigeria Police Force, and or further setting up any panel of inquiry in any state whatsoever in the country”.

Although the case was listed for December 3, it has been rescheduled for December 18 as the court where the matter was listed did not sit.

The defendants who were sued by the NPF, include the Attorney-General of the Federation (AGF), the National Human Rights Commission (NHRC) which set up the Independent Investigative Panel sitting in Abuja, the Attorneys-General of the 36 states, and chairmen of the states’ panels.

KanyiDaily recalls that following the #EndSARS protests, state governors were directed by the National Economic Council (NEC) to establish judicial panels across the country in a move to deliver justice for all victims of the disbanded special anti-robbery squad (SARS) and other police units.

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