Adegboruwa berates FG over argument on legality of #EndSARS inquiry panel

A member of the Lagos State #EndSARS Judicial Panel on Police Brutality and Other Related Abuses, Ebun-Olu Adegboruwa SAN, on Monday berated the federal government over the emerging controversies on the legality of the panels set up by the various states on the #EndSARS protest in 2020.

Adegboruwa in a statement on Monday titled: “THE LEGALITY OF #EndSARS PANELS”, noted that the federal government has recently muted the idea that all the Judicial Panels of Inquiry set up by the various States across the Federation, especially that of Lagos State, are illegal. The legal practitioner argued that the federal government had participated in the investigation process and cannot turn around to declare the panel illegal after sending defence representatives. He noted that the panel was set up on the approval of the federal government.

Adegboruwa urged the federal government to strengthen public institutions for effective performance rather than doing otherwise.

According to Adegboruwa, “it has never been part of our legal system in Nigeria, for a plaintiff who approached the court in the first instance, to turn around to challenge the legality or jurisdiction of the court.

“The #EndSARS Panels were set up at the behest of the Federal Government, through the National Economic Council.

“In the case of the Lagos Panel, the Federal Government, through the Nigerian Army, voluntarily submitted itself to the jurisdiction of the Panel, the federal government called witnesses, it tendered documents and it made very lengthy presentations.

“A party cannot approbate and reprobate at the same time. Thus, a party who initiated a process and willingly and actively participated in that process, cannot turn around, after judgment, to plead illegality or absence of jurisdiction, simply because the outcome is unfavorable.

“We must strengthen our institutions to make them work.”

He maintained: “While we all await the White Paper from the Lagos State government, it is important for the government to build trust in the people in all its dealings and utterances.”

Chairman of the Nigerian Bar Association (NBA) Section on Public Interest and Development (SPIDEL), Monday Ubani, on Sunday disagreed with the Minister of State for Labour and Employment, Festus Keyamo SAN, on his opinion that the #EndSARS judicial panel of inquiry appointed by state governments is illegal. Keyamo had said that the state governments cannot question the Nigeria Police or the Nigerian Army.

Ubani was of the view that the minister erred in his opinion. According to Ubani: “I disagree vehemently with him and let him know that he erred gravely in law and logic in his posturing…”

The Nigerian Bar Association (NBA) Section on Public Interest and Development (SPIDEL) Chairman stated that “the alleged massacre  of unarmed  citizens  on the 20th of October, 2020 raised temper and occasioned both national and International outrage which necessitated the setting up of various Panels of Inquiry across a number of States throughout Nigeria.”

Ubani emphasised that “at the Emergency Meeting of the National Economic Council in Abuja on the 15th day of October 2020, and presided over by the Vice President, Prof. Yemi Osinbajo SAN, members unanimously resolved to institute Judicial Commissions of Inquiry to deliver justice for all victims of the dissolved Special Anti-Robbery Squad (SARS) and other Police units.”

He added that the Council also resolved and directed State Governors to immediately establish State-based Special Security and Human Rights Committees to be chaired by the Governors in their States. The Committees are to supervise the newly formed Police tactical units and all other Security Agencies located in the States, he said.

Ubani maintained that following “the resolutions of both the Emergency Meeting  of the National Economic Council in Abuja on the 15th day of October, 2020 and, the State- based Special Security and Human Rights Committees – chaired by the Governors in their States; State Governors, have in exercise of the powers vested in them by the Tribunal of Inquiry Laws, instituted Judicial Commissions of Inquiry to probe complaints of human rights abuse by the citizens and make appropriate recommendations to the State Government.”

He argued that “by virtue of Section 1 of the Tribunal of Inquiry Laws of various States, State Governors are vested with the power to constitute a Tribunal of Inquiry to inter alia inquire into the conduct of Officers or of any Officer or of any Governmental Department and related issues, or “into any matter in respect of which in the opinion an Inquiry would be for the Public welfare.”