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Police Ask Court To Stop Probe Of Abuses By Judicial Panels - Politics - Nairaland

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Police Ask Court To Stop Probe Of Abuses By Judicial Panels by Kingscee: 5:58am On Dec 03, 2020
The Police have initiated a move to stop various panels probing allegations of rights abuses and other acts of impunity against police officials, particularly operatives of the disbanded Special Anti-Robbery Squad (SARS).

State governments have raised the panels to investigate alleged infractions by SARS operatives, following nationwide #EndSARS protests by youths.

The panels have since been sitting in almost all the states.

But, the Police have approached a Federal High Court in Abuja, seeking among others, an order restraining the Attorneys-General of the 36 states and the panels of inquiry they constituted, from proceedings with their investigation of the activities of the police and their officials.

The suit marked: FHC/ABJ/CS/1492/2020, filed for the NPF by its lawyer, O. M. Atoyebi (SAN) has 104 defendants.

The defendants include the Attorney-General of the Federation (AGF), National Human Rights Commission (NHRC), the attorneys-general of the states and chairmen of the panels set up by the states.

It is the plaintiff’s main contention that the decision by governors to set up panels of inquiry to investigate activities of the Nigeria Police Force (NPF) and their officials in the conduct of their statutory duties violate 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 NPF is of the view that by the provisions of 241(1)(2)(a) and Item 45, Part 1, First Schedule to the Constitution the Federal Government of Nigeria has exclusive power to “organise, control and administer the Nigeria Police Force.”

The plaintiff raised three questions for the court’s determination. It is also seeking four main reliefs.

One of the prayers is a declaration that having regard to the provisions of Section a14 (1)(2) (a) and Item 45, Part 1, First Schedule, 1999 Constitution of the Federal Republic of Nigeria (as amended), the Federal Government of Nigeria has the exclusive power to organise, control and administer the Nigeria Police Force.

Other reliefs being sought by the plaintiff are:

* A declaration that the establishment of panel of inquiries 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.

* A declaration 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.

* An order of perpetual injunction restraining the 3rd to 38th defendants (the 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.

The case listed on the cause list for Wednesday, could not be heard because the court did not sit. It was rescheduled for December 18.

Also on Wednesday, the Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, faulted a claim that the apex bank obtained court orders to block accounts linked to promoters of the #EndSARS protests.

Emefiele’s position was stated by his lawyer Mike Aondoakaa (SAN) while appearing before a Federal High Court in Abuja.

Aondoakaa, a former Attorney-General of the Federation (AGF) and Minister of Justice, is Emefiele’s lawyer in the case, marked: FHC/ABJ/CS/1384/2020)of CBN v.Bolatito Rachael Oduala and 19 others in which Justice Ahmed Mohammed granted an order freezing the accounts of the defendants for 90 minutes in the first instance.

The former AGF spoke while reacting to remarks by Ebun-Olu Adegboruwa (SAN), lawyer to Albert A. Ugochuwu and others, whose accounts were also frozen in similar circumstance by another judge, Justice Taiwo Taiwo in the case marked: FHC/ABJ/CS/12000/2020.

Aondoakaa, who insisted that his client acted within the provision of Section 60 (b) of the Bank and Other Financial Institutions Act (BOFIA), that allows the CBN to apply for a freezing order pending the conclusion of investigation.

The ex-AGF faulted Adegboruwa claim that the CBN was going about filing multiple cases to freeze people’s accounts, including those linked to the #EndSARS protests.

He said the CBN did not apply for the freezing of any accounts because of the owners were associated with the #EndSARS protests.

Aondoakaa stated that his client only applied to have the accounts frozen following suspicious and questionable transactions in them.

He noted that none of those affected by the orders have claimed, in the processes they filed, that they are #EndSARS protesters.

Arguing earlier, Adegboruwa accused the CBN of filing multiple cases to freeze accounts of people indiscriminately. He cited the case of those associated with the #EndSARS protests.

He argued that the CBN had a misconception of Section 60(b) of the BOFIA, and that its lacks the power to conduct investigation into alleged infraction of the law.

Adegboruwa noted that the CBN came before the court on September 21, 2020 and obtained the freezing order pending the conclusion of its investigation.

“The law permitting the CBN to approach the court makes it a clearing house. Not to investigate. The CBN is arogating the powers of the investigating agencies. The CBN lacks the power to investigate crimes,” he said.

Adegboruwa prayed the court to vacate the order earlier made by the court and dismiss the CBN’s suit.

Justice Taiwo adjourned the matter till December 16 for ruling.

https://thenationonlineng.net/police-ask-court-to-stop-ongoing-probe-of-abuses-by-judicial-panels/

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Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by SEGLIZ: 6:08am On Dec 03, 2020
mad men, law breakers now seeking the cover of the law to cover their atrocity.
come to think of it should the court stop a panel that was approved by the president to expose some hiding truth or falsehood.

76 Likes 6 Shares

Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by Luckydubby7(m): 6:10am On Dec 03, 2020
Will anything comes out from all these panels our state governors set up.
Nothing will comes out of it.

13 Likes 2 Shares

Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by 4four(m): 6:20am On Dec 03, 2020
H
Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by Wiseandtrue(f): 6:31am On Dec 03, 2020
Tomorrow now, the same police go won charge people to court for related offences grin grin grin

39 Likes 1 Share

Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by uptimum123(m): 6:34am On Dec 03, 2020
Breeze don blow, we don see fowl yansh for outside

This people no get shame o.

With the kinda revelation popping up,It's obvious many of them will lose their job.

21 Likes

Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by Goldencheese(m): 7:14am On Dec 03, 2020
This will be another test for Buhari. Let's see whether he will pass the test. Why is NPF doing this? I thought they were begging Nigerians to forgive them and that they would start all over again? Na wa o.

31 Likes 3 Shares

Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by FunkeOseni: 7:15am On Dec 03, 2020
The whole process is a sham and does not address the real issues


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6 Likes

Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by Twelfthman: 8:24am On Dec 03, 2020
When wave two of the protest start.
They will have themselves to blame.
It is as if the endsars protest didn't teach them any lessons

29 Likes 1 Share

Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by GOVERNMENT2: 8:53am On Dec 03, 2020
angry
Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by Queenserah26(f): 9:02am On Dec 03, 2020
Can you imagine shocked

2 Likes

Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by osuofia2(m): 9:02am On Dec 03, 2020
WINNABLE CASE, THEY PANEL HAVE NO POWER TO THAT SO IT IS NULL AND VOID. THE CONSTUTION IS CLEAR ABOUT THAT

1 Like

Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by Brendaniel: 9:02am On Dec 03, 2020
Meeeeeennnnn..... I don't even know what to say...
Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by Manofwisdom85(m): 9:02am On Dec 03, 2020
See this stupid people oo. They were still the same people that came out during the heat of the protest and said any officer found wanting would face the law now wey everything don calm down now Dey saying they can’t be investigated by panels set up by state government where the committed gross human right abuses. Imagine? We are a joke to this people I swear. I hate politics with all my life.this guys don’t have conscience oo. And funny thing is this shii would be swept under the carpet. Omo na wa oo

12 Likes

Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by Sabadon(m): 9:02am On Dec 03, 2020
Leave matter jor
Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by money121(m): 9:03am On Dec 03, 2020
Ok
Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by Beverlyjean(f): 9:04am On Dec 03, 2020
The devil is incharge of APC

7 Likes 2 Shares

Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by Yahksbiz(m): 9:04am On Dec 03, 2020
I don't really get, these people must thought we are mad. I mean, why do we have the endsars in the first place. Why did they agree to set judicial panel of investigation?
Nigeria is a come and go country

9 Likes

Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by EdoFirstBorn(m): 9:04am On Dec 03, 2020
>:If this is true then that is very unfortunate. The little credibility the IG was gathering will be wasted now over nothing

But why?

1 Like

Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by edeXede: 9:05am On Dec 03, 2020
grin

We been know. Janbatafunjanbara

1 Like

Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by ablejesus26(m): 9:05am On Dec 03, 2020
Afraid is catching thief

1 Like 1 Share

Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by Johnrake69: 9:05am On Dec 03, 2020
Madness

2 Likes

Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by Ventura1: 9:05am On Dec 03, 2020
The police obviously do not want peace in Nigeria, they seem to be trained to oppress and maim the citizens.

5 Likes

Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by Igyeseh(m): 9:05am On Dec 03, 2020
Nonso weds Joy (NoJoy 2020)

Ndidi weds Ararume (NdiAra 2020)

Proper weds Testimony (ProTest 2020)


In need of stone free, neat, local rice in large quantity?
Check my signature for details.

2 Likes 1 Share

Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by espn(m): 9:06am On Dec 03, 2020
Mad animals...

1 Like

Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by Coldie(m): 9:06am On Dec 03, 2020
V
Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by gurunlocker: 9:07am On Dec 03, 2020
That shows they have a lot of things to hide.... The judiciary should please proceed.

3 Likes 1 Share

Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by TemmyT002(m): 9:07am On Dec 03, 2020
On what grounds?
Re: Police Ask Court To Stop Probe Of Abuses By Judicial Panels by AbdulBasitBarto(m): 9:09am On Dec 03, 2020
It's all obvious they don't have the citizens at heart.
Wahala for who still get hope for Naija

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