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Police makes U-turn, withdraws suit against #EndSARS probe panels
BY KAZIE UKO
The Nigeria Police Force (NPF) on Friday did an about-turn as it applied to withdraw the suit filed to challenge the powers of the various judicial panels on human rights violations by the disbanded Special Anti-Robbery Squad (SARS) and other units of the Police Force.
The police had in a statement on Thursday by its spokesman, DCP Frank Mba, feigned ignorance of the case while quoting the Inspector General of Police, Mohammed Adamu, as denying ordering or giving permission to file the suit.
According to Mba, the IGP ordered investigations into the alleged role of the Force Legal Section, including its Head, and vowed to sanction whoever was behind the suit.
“The Inspector General of Police, IGP M.A Adamu, NPM, mni has directed immediate investigations into a suit purportedly challenging the legality of the States’ Judicial Panel of Inquiry, investigating allegations by citizens against officers of the defunct Special Anti-Robbery Squad (SARS),” he said.
But in a volte farce Friday, the police spokesman issued another statement quoting the Inspector General of Police, Adamu, of ordering immediate withdrawal of the case, claiming it was the outcome of the Force’s investigation.
He said: “The Inspector General of Police, IGP M.A Adamu, NPM, mni has ordered for the immediate discontinuation and withdrawal of the suit challenging the legality of the States’ Judicial Panel of Inquiry into alleged brutality by the defunct Special Anti-Robbery Squad (SARS). The IGP’s order, today, 4th December, 2020, is sequel to the outcome of investigations into the role played by the Force Legal Section in the institution of the said suit.
Mba, in his statement, was however mute on the role of the Force Legal Section and its Head in filing the suit; the sanctions meted out if there were any and the findings that led to the order to withdraw the suit.
He did not pick his calls when RELIABLESOURCENG.COM reached out to him on telephone for clarification.
The police had in its suit marked, FHC/ABJ/CS/1492/2020, prayed the court for a restraining order against the defendants from going ahead with the probe on alleged police impunity.
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The Force, in the suit filed on its behalf by Mr O. M. Atoyebi (SAN), claimed 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.
According to the plaintiff, 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 plaintiff submitted 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 to, among others, declare that “the establishment of a panel of enquiries 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/or 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.”