From Godwin Tsa, Abuja
Lagos lawyer and human rights activist, Mr Femi Falana (SAN) and nine others have been sued before the Abuja Federal High Court for setting up an Independent panel to probe alleged killings and destruction of properties following the deployment of security operatives in the wake of the #ENDSARS protest that rocked the country last year.
In the human interest litigation brought pursuant to order 3 rules 1 and 9 of the Federal High Court (Civil Procedure) rules, 2009 and section 6 (6) of the 1999 Constitution (as amended), the plaintiff, Lucky Odigie, a legal practitioner, urged the court to declare the activities of the Independent Panel set up by the defendants as unlawful, illegal, null and void.
The plaintiff is equally pressing for an order of court restraining the defendants from conducting any parallel Independent inquiry to probe any alleged Killings of Nigerians, including security operatives and destruction of properties following the deployment of security operatives in the wake of the #ENDSARS protests in Nigeria.
In the suit file by his counsel, Oghenovo Otemu, the plaintiff is contending that the setting up of an Independent probe panel under the name, Alliance on Surviving COVID-19 And Beyond (ASCAB), by the defendants is a deliberate attempt to undermine the different panels of inquiry set up by the different state Governors of the 36 states and the Federal Capital Territory (FCT), to probe alleged police brutalities and human rights abuses by security agents.
In a 15-paragraphs affidavit in support of the motion deposed to by one Lucky Odigie, the plaintiff averred that the different panels set up by the various state Governors and the FCT administration are still receiving petitions from Nigeria citizens across the country with respect to alleged police brutalities and abuses on the fundamental human rights of Nigerians.
That while the different panels are yet to conclude their respective hearings and probes, the 1st to 3rd defendants ( Falana, Ade Atambi and Adewale Adeoye), acting under the guise of Alliance on Surviving COVID-19 And Beyond (ASCAB), set up and Independent panel of inquiry and appointed 4th to 10th defendants as members of the panel of inquiry.
Other defendants in the south filed December 30, 2020 are Chinogwu (SAN), Affiong Affiong, and Prof Adenike Ogushe, Mr. Y.Z Yau, Mr Malachy Ugwumadu, Miss Fatima Umar and Mr. Olumide Ogele.
In the originating summons, the plaintiff prayed the court to determine the following questions “whether by virtue of the Tribunals of Inquiry Act Cap 447 LFN 1990 and all other extant Federal and State laws, regulations and enactments in Nigeria, the 1st to 3rdDefendants Trading under the name and style of Alliance on Surviving COVID-19 And Beyond (ASCAB)can validly and legally constitute or set up a parallel independent panel of inquiry to probe the killings of Nigerians, including security operatives and the destruction of properties following the deployment of security operatives in the wake of the #EndSARS protests in Nigeria?
Whether by virtue of the Tribunals of Inquiry Act Cap 447 LFN 1990 and all other extant Federal and State laws, regulations and enactments in Nigeria the 4th to 10th Defendants can validly and legally act as members of a parallel independent panel of inquiry to probe the killings of Nigerians, including security operatives and the destruction of properties following the deployment of security operatives in the wake of the #EndSARS protests in Nigeria?
He also prayed the court for an order of perpetual injunction restraining the Defendants from conducting any parallel independent inquiry to probe any alleged killings of Nigerians, including security operatives and the destruction of properties following the deployment of security operatives in the wake of the #EndSARS protests in Nigeria.
He prayed for a declaration that by virtue of the Tribunals of Inquiry Act Cap 447 LFN 1990 and all other extant Federal and State laws, regulations and enactments in Nigeria, the 1st to 3rd Defendants Trading under the name and style of Alliance on Surviving COVID-19 And Beyond (ASCAB) cannot validly and legally constitute or set up a parallel independent panel of inquiry to probe the killings of Nigerians, including security operatives and the destruction of properties following the deployment of security operatives in the wake of the #EndSARS protests in Nigeria.
In the affidavit in support of the originating summons, the plaintiff said the action of the defendants in setting up the panel of inquiry is targeted at undermining the different panels set up by the different state governors to probe the alleged police brutalities and human rights abuses by security agents.
He said the panel of the 4th to 10th defendants are targeted at turning up a report or decision that will embarrass and undermine the Federal Government of Nigeria, the different State Governments, the Nigeria Police, the Nigeria Army, all the security agencies as well as the existing panels of inquiries set up by the different state Governors.
No date has been fixed for the hearing of the case.