The Lagos State judicial panel on restitution for the victims of SARS related abuses and other matters reconvened for the first time in year 2021 today Tuesday 5th January, 2021 with about 6 petitions on the table
In the first petition of the day, the The Lekki Concession Company (LCC) represented by its counsel, Rotimi Seriki (SAN) renewed an application it had previously made twice before the panel, seeking to be permitted to repossess the toll gate plaza for the purpose of evaluating the damage done and insurance claims.
The counsel said the application became imperative after security agents arrested 4 persons on the 14th of Dec 2020, who were in the process of vandalizing and stealing cables, iron rods and solar batteries utilized by the advertising board at the toll gate.
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He tendered a police report and photographs of the suspects as proof.
But the Counsel to the Endsars Protesters, Adesina Ogunlana opposed the application. He said there was a disconnect as the police report tendered by the LCC counsel should have come from the police who were also represented before the panel.
He also argued that the items listed as being tampered with and sought to be stolen belonged to the media and advertising companies at the toll gate and there was no connection with LCC. For him the fact that the suspects were arrested showed that the security in place was effective. He urged the court to refuse the application.
The Counsel to the Police, Cyril Ejiofor aligned with Mr. Ogunlana submissions and asked to be allowed to verify the police report submitted on behalf of his institution.
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In his reply, Mr. Rotimi Seriki (SAN) legal counsel to LCC maintained that there is obvious desperation not to allow the company go back to the toll gate.
“It’s a crime scene with millions of people passing there, so what’s wrong with LCC going there to assess the level of damage?” He queried.
The Counsel to the Lagos State government, Mr. Olukayode Enitan (SAN) didn’t object to the application. He urged the panel to allow it so that the infrastructure at the toll gate is not further degraded by vandals .
“Should the panel turn its eye to further destruction of these assets? I think that won’t be fair to every citizen of Lagos”.
The Chairman of the Panel, Justice Doris Okuwobi in a short ruling stood down the matter for the police to confirm the authenticity of the documents tendered by the LCC counsel.
However when the case resumed, the police counsel confirmed the authenticity of the police report tendered. In the light of his confirmation, Mr. Seriki (SAN) implored the panel to make appropriate order to allow for the repossession of the tollgate plaza for verification of damages and insurance claims and he was again supported by his learned silk Olukayode Enitan (SAN).
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But the request was objected once again by Mr. Adeshina Ogunlana who said it was premature and that the window obliged the EndSARS protesters by the panel to carry out it’s forensic analysis of the Lekki tollgate plaza could not be met because they didn’t have the funds being demanded by the consultant approached and that there was no way, they could raise the N25 million naira being demanded and so he will be most grateful to know about the panel independent forensic analysis which was also a basis for the shift of the date for the determination of the application by LCC for the repossession of the Lekki tollgate plaza.
Mr. Rotimi Seriki (SAN) implored the panel to allow LCC take possession of the tollgate plaza in the interest of fair play and justice having been a victim of the EndSARS protest just like some other victims, but unlike others, LCC is not demanding compensation but to be allowed to return to it’s private business premises. His submission was concurred with by Mr. Olukayode Enitan (SAN) who frowned at the tactics of Mr. Ogunlana who instead of honouring the panel with the submission of the forensic analysis which was premised for the adjournment of the application, but is rather seeking a perpetual rejection of LCC application for the repossession of the Lekki tollgate till the completion of the panel proceedings.
In it’s ruling on the matter, the panel admitted not carrying out it’s own independent forensic analysis due to the festivities and other encumbrances, but stated that the process had been set in motion and that since the forensic analysis was crucial to the justice of the matter and that since the panel forensic analysis is being awaited, the matter was thereby adjourned to January 29th 2021 for further consideration of the application.
In the second petition of the day involving Adebayo Abayomi vs. Federal Special Anti Robbery Squad (FSARS), the respondent called a witness, the case (IPO) who gave evidence in chief on the efforts made by the police to ensure justice in the matter which included arresting and detaining the police officers who took part in the unfortunate incident that resulted in the shooting and killing of the mother of the petitioner save for the police man who fired the shot and absconded.
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He even stated that the erring police officer who fired the bullet that killed the petitioner mother fled and and after 21 days as statutorily required, he was declared a deserter, his home searched and his bank account frozen. The police went ahead to declare the runaway policeman wanted and gazetted the publication as well as publicizing it in other communication channels.
Under cross-examination by the petitioner counsel, the witness stated that the incident happened 4 years ago and during the course of his handling the case, he contacted the petitioner family members. He confirmed that no compensation was paid by the police to the deceased family. He also confirmed that the then Lagos State Commissioner of police Mr. Fatal Owoseni paid a condolence visit to the deceased family. The witness a Deputy Superintendent of Police was also questioned on the modalities of police operation by the panel counsel Mr. Jonathan Ogunsanya.
The witness was discharged and upon close of evidence, the panel directed the petitioner and the respondent counsels to file their written addressees within 7 days and thereafter the matter was adjourned to 26th January, 2021
In the 3rd case of the day of Adeyemo Rotimi vs Federal Special Anti Robbery Squad (FSARS), the NBA counsel appeared pro bono for the petitioner.
The respondent in opening his case asked for an adjournment due to the absence of his key witness who was on official engagement, but his application was objected to by the petitioner counsel who queried the recurring application for adjournment on the matter by the respondent counsel and requested the panel to grant the application for adjournment for the last and final time.
The panel in it’s ruling stated that In view of the sensitivity of the witness being summoned by the respondent but who was absent, agreed to adjourn for the last time to 26th January, 2021
In the fourth petition of the day involving Felix Lucky vs The Nigeria Police Force, the petitioner called a witness who entered the dock for cross examination by the respondent counsel
In his evidence in chief, he narrated how Lucky Ake a friend and vigilante colleague in Jakande estate, Lekki was assaulted by one Sergeant John Dagbo while he Lucky was on duty as a vigilante on the 26th of April 2020 and the Sergeant Dagbo in mufti then queried the audacity of Paul Lucky to point his torch light at him, in the process, Sergeant John Dagbo seized Lucky Ake torchlight and cutlass.
He further stated that on the 20th October, 2020, he left Lucky at a bar in the estate after he and Lucky Ake on noticing a man creating a scene with a cutlass, went closer to investigate only to discover that it was Sergeant John Dagbo and the cutlass he was using, Lucky Ake claimed it was the cutlass he seized from him. Thereafter, Lucky Ake retrieved the cutlass from Sergeant John Dagbo.
He said he left Lucky Ake at the bar and went home, only to hear noise of gunshots renting the air and the estate CSO Mr. Muideen AKA Lapo screaming that Sergeant John Dagbo has killed Ojukwu in Yoruba language.
Under cross-examination, the respondent counsel asserted that lucky Ake was shot at with a dane gun fired by an OPC member when he led a mob to attack the Ilasan police station after his return from similarly attacking Lekki tollgate plaza and LASTMA office in Lekki.
He then made the witness confirm that he was not a eye witness to all his narration but that they are mere hearsay, to which the witness concurred. The respondent counsel then asked for an adjournment to enable him provide more evidence, the petitioner counsel didn’t object, thereafter the matter was adjourned to 26th January, 2021
The fifth case of the day involved the summons of Redington hospital who were represented by the hospital administrator who rendered medical reports of patients attended to by the hospital on the 20th of October, 2020.
The confidentiality of the report was emphasized by the hospital counsel, however while all the counsels didn’t object to the medical reports tendered, Mr. Olukayode Enitan (SAN) representing Lagos state government asked for time to study to medical reports and urged the panel to issue summons for appearance to the authors of the documents. A medical personnel of the hospital then narrated the routine procedure for the production of a medical report and that only management consultant can speak on the reports.
Every other counsels concurred with the submission of Mr. Olukayode Enitan (SAN) and the panel thereafter adjourned the matter to 30th January, 2021.
The 6th case of the day involved Marc Chidebere Nwadi vs The Nigeria Police Force.
In his submission, the respondent counsel lamented it’s inability to locate the alledged Mr. Friday who tortured the petitioner and breached his right which resulted in his unjust imprisonment.
Mr. Cyril Ejiofor stated that the petitioner allegations against SARS in his petition was incorrect because the matter in question happened in 1999 while SARS was established in 2005, he stated that the petitioner could not establish the particular police station where he was turtored and that the non availability of a charge sheet attached to his petition for his incarceration at the kirikiri prisons didn’t help matters as there were one thousand and one Fridays in the Nigeria police force.
But Mr. Olukayode Enitan (SAN) and Mrs Amanda Asagba counsel to the petitioner expressed dismay with the efforts of the respondent counsel whom they believed could have done more with regards to helping the panel discover the truth in the matter through the police records as well as the records of the prisons.
In view of the above development, the panel adjourned the matter to the 26th of January, 2021 for final address by both counsels.
In the final petition of the day involving Blessing Omorogie Esanbor vs the Nigeria Police Force, the case was adjourned to the 26th of January, 2021 at the instance of the petitioner counsel from the NBA who lamented the lackadaisical attitude of petitioners to brief their clients on the facts of their petition before the panel. She implored the panel to admonish petitioners to be up and doing.
This admonition of petitioners was also emphasized by the panel.
However towards the close of proceedings, the panel sitting was interfered with by chants of solidarity songs by some protesters demanding the release of Omoyele Sowore and others, they carried banners with the inscription, “Free Sowore” among others
