A human rights lawyer and former Chairman of Nigeria’s National
Human Rights Commission (NHRC), Prof Chidi Odinkalu, has said that
the responsibility for setting up of Judicial Panel of Inquiry
against the activities of the disbanded Special Anti-Robbery Squad
(SARS) and police brutality lies with the federal government, not
state governments
![image](/2020/10/lawbreedadvrt.jpg")
![image](/2020/10/lawreport.jpg")
The Ex NHRC boss disclosed this during an interview with THE
SUN. He said police is an agency of the Federal Government and
outsourcing its responsibility of setting up the panel to states is
suspicious
![image](/2020/10/NWLRland.jpg")
“It is always suspicious when the Federal Government outsources
its constitutional role to the states. Police is a federal
institution under the constitution and its malfeasances are the
responsibility of the Federal Government.
“The atrocities of the SARS are for the Federal Government to
fix. Now, they are asking the state governors to set up these
judicial commissions in inquiry.” he said
He added that “The problem is that the inquiries will report to
the state governors that set them up not to the president, who has
control of the police. Their White Papers will be issued by the
state governments, not by the Federal Government.”
Therefore, according to Odinkalu, the federal government will
not be bound by the recommendations of the state panels and the
recommendations will be frustrated.
He said, “The recommendations of these inquiry bodies will not
bind the Federal Government. Any police officers found errant would
easily get transferred out of the state making the recommendation
and so the recommendations will be frustrated.”
Furthermore, Odinkalu said federal government has been relying
on the decision of the Supreme Court in a case between Ibrahim
Babangida and Oputa Commission in 2001 in refusing to set up panel
on police brutality. To him, such is not an excuse because even
after the decision, FG have set up several judicial panels of
inquiry including the current one headed by Justice Ayo Salami
against the former Acting Chairman of EFCC.
He said FG also has the option of setting up a panel of inquiry
in line with section 6(1) of NHRC Act.
He said, “The explanation of the Federal Government is that they
have been precluded by the decision of the Supreme Court in the
case involving former military president, Gen. Ibrahim Babangida
and the Oputa Commission in 2001, from being involved in setting up
judicial commissions of inquiry except in Abuja.
“Two things should be said about that. First, despite that
decision, the Federal Government has set up a lot of panels since
then, including the Danmadami, MD Yusuf, Parry Osayande
Presidential Commissions on Police Reform; the Uwais Panel on
Electoral Reform; the Sheikh Lemu Panel on Post-Election Violence;
the Galtimari Panel on Boko Haram; the Turaki Panel on Insecurity,
etc.
“Even now, the former President of the Court of Appeal heads a
panel to investigate the former chair of the Economic and Financial
Crimes Commission (EFCC).
“So, when it wants to, the Federal Government finds ways to use
panels for its work. Second, there is a power of inquiry under
section 6(1) of the National Human Rights Commission Act, but the
President has refused to exercise his power to appoint a Governing
Council for the Commission since the last one ended in 2015.”
The Ex-NHRC boss also flayed the Lagos State government for
adding the Lekki Toll Gate Massacre to the terms of reference of
the state’s panel even when the Massacre was done by the military,
not police.
“Then you have now this matter of the oath of secrecy subscribed
to by the members swearing to the authority of the state governor
instead of the Oath Act. It’s all rather dubious in my view but the
members are adults and I cannot prescribe for them. Most of them
are known to me and some of them are my friends. I wish them
well.”
A human rights lawyer and former Chairman of Nigeria’s National
Human Rights Commission (NHRC), Prof Chidi Odinkalu, has said that
the responsibility for setting up of Judicial Panel of Inquiry
against the activities of the disbanded Special Anti-Robbery Squad
(SARS) and police brutality lies with the federal government, not
state governments
The Ex NHRC boss disclosed this during an interview with THE
SUN. He said police is an agency of the Federal Government and
outsourcing its responsibility of setting up the panel to states is
suspicious
“It is always suspicious when the Federal Government outsources
its constitutional role to the states. Police is a federal
institution under the constitution and its malfeasances are the
responsibility of the Federal Government.
“The atrocities of the SARS are for the Federal Government to
fix. Now, they are asking the state governors to set up these
judicial commissions in inquiry.” he said
He added that “The problem is that the inquiries will report to
the state governors that set them up not to the president, who has
control of the police. Their White Papers will be issued by the
state governments, not by the Federal Government.”
Therefore, according to Odinkalu, the federal government will
not be bound by the recommendations of the state panels and the
recommendations will be frustrated.
He said, “The recommendations of these inquiry bodies will not
bind the Federal Government. Any police officers found errant would
easily get transferred out of the state making the recommendation
and so the recommendations will be frustrated.”
Furthermore, Odinkalu said federal government has been relying
on the decision of the Supreme Court in a case between Ibrahim
Babangida and Oputa Commission in 2001 in refusing to set up panel
on police brutality. To him, such is not an excuse because even
after the decision, FG have set up several judicial panels of
inquiry including the current one headed by Justice Ayo Salami
against the former Acting Chairman of EFCC.
He said FG also has the option of setting up a panel of inquiry
in line with section 6(1) of NHRC Act.
He said, “The explanation of the Federal Government is that they
have been precluded by the decision of the Supreme Court in the
case involving former military president, Gen. Ibrahim Babangida
and the Oputa Commission in 2001, from being involved in setting up
judicial commissions of inquiry except in Abuja.
“Two things should be said about that. First, despite that
decision, the Federal Government has set up a lot of panels since
then, including the Danmadami, MD Yusuf, Parry Osayande
Presidential Commissions on Police Reform; the Uwais Panel on
Electoral Reform; the Sheikh Lemu Panel on Post-Election Violence;
the Galtimari Panel on Boko Haram; the Turaki Panel on Insecurity,
etc.
“Even now, the former President of the Court of Appeal heads a
panel to investigate the former chair of the Economic and Financial
Crimes Commission (EFCC).
“So, when it wants to, the Federal Government finds ways to use
panels for its work. Second, there is a power of inquiry under
section 6(1) of the National Human Rights Commission Act, but the
President has refused to exercise his power to appoint a Governing
Council for the Commission since the last one ended in 2015.”
The Ex-NHRC boss also flayed the Lagos State government for
adding the Lekki Toll Gate Massacre to the terms of reference of
the state’s panel even when the Massacre was done by the military,
not police.
“Then you have now this matter of the oath of secrecy subscribed
to by the members swearing to the authority of the state governor
instead of the Oath Act. It’s all rather dubious in my view but the
members are adults and I cannot prescribe for them. Most of them
are known to me and some of them are my friends. I wish them
well.”