Sahara Reporters Latest News Today Monday 2nd November 2020

Sahara Reporters Latest News Today Monday 2nd November 2020

Sahara Reporters Latest News Today and headlines on some of the happenings and news trend in the Country, today 02/11/20

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nigeria newspapers Monday 2nd November 2020

The Boomerang Effects Of Government’s Social Media Regulation Battle Cry By Samuel O. Adeyemi

The #EndSARS protests that hit the streets of Nigeria have jotted the ruling class into reality. The protests, propelled by young Nigerians, will forever be ingrained in the minds of everyone.
Before the protests hit the streets, the cyberspace provided the only channel through which young people can ventilate their frustration and anger against the system.
The young people that propelled the protests have been maligned and called all sorts of names. They have been labelled as a lame duck when it comes to the issue of nation-building and changing government policy.

They have been called the ‘phone pressing generation’ interested only in voting massively during reality TV shows but fail to take a step further and vote during general elections in the country.  
A leader once called them ‘lazy’. Yet, another lawmaker called them a ‘drug-ridden generation’. It was therefore a shock to the old generation to see these set of young people pouring to the streets and sustaining protests for more than two weeks.
Even before the protests went ‘viral’ on the streets, some brave young men and women have camped in front of the Lagos House of Assembly, in the day and in the night, to call attention to the atrocities of the defunct Special Anti-robbery Squad.
When their message started taking hold, for close to 12 days, vibrant young people across the nation held the world spellbound with their dexterity, creativity and administrative genius.
They created a country within a country by creating a welfare system that fed the hungry; they created an army of nation builders who volunteered to clean up the streets; they created a security system that protected them against hoodlum as government shirk its responsibilities.
Unfortunately, these gallant heroes lost some patriots in Lekki, Ogbomosho and Surulere.  
Characteristically, instead of the government to show true sincerity in tackling the issues that propelled the protests, they went on information gagging spree. First, they fined AIT, Channels and Arise TV.
Their spotlights are now on regulating social media platforms. “We need a social media policy that will regulate what should be said and posted and what should not. We also need technology and resources to dominate our social media space,’’ he said,” so says Lai Mohammed, Nigeria’s Minister of Information. 
Not to be outdone, Desmond Elliot, a lawmaker in the Lagos House of Assembly, said, “In the next five years, there will be no Nigeria if we don’t act now.”Indeed, Lai Mohammed and Desmond Elliot new found passion to gag the press would boomerang on them.
I can’t but find a parallel between Obasanjo’s Decree 78 of 1976 and the ongoing vigorous call for the regulation of the social media space by the Minister of Information and the Lagos lawmaker because of the exigencies of the moment and need to gag the vibrant and some rancorous voices on social media that propelled the peaceful #EndSARS protests across Nigeria.
Obasanjo’s decree of 1976 was enacted in the heat of the moment when he was the Head of State but it was not until 1995 that the same decree was used to nail him in the phantom coup trial by the Abacha junta.
Lai Mohammed and Desmond Eliot need to know that what goes around comes around.
They may succeed in pushing down our throat an autocratic law gagging the free flow of information on social media, but they need to understand that the night can’t go on forever, the bright morning is coming! 
A time is coming when they would need this same social media to advance their political agenda, but that same law would haunt them and may be used to silence them when that time comes. 
The Yoruba says, Ori bibe ko ni ogun ori fifo (meaning – beheading is not an antidote to headache). The best way to regulate social media and reduce the venom from those platforms is good governance.
The government’s information managers should buckle down and put on their thinking caps and devise strategies to engage the millions of angry Nigerian youth, who are disillusioned with their leaders at all levels of governments.
Samuel O. Adeyemi, a media strategist, writes from Lagos

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22 Officers Killed: Police Lives Matter By Fredrick Nwabufo

Fredrick Nwabufo

Humanity is all inclusive. There are no higher or lesser humans. We all breathe the same air. Whether doctor, lawyer, journalist, police or soldier; we are all humans first, and as such we are entitled to the natural right to exist, to live. When this right is breached – even if it concerns our ‘’enemy’’ – we must all stand up against the violator and condemn the abomination. We cease being human when we selectively outrage against transgressions. Every breach of the human code must be condemned. The right to live is eternal; hence any innocent soul lost to violence of any kind must not be discounted. All lives matter.
As a matter of fact, in the heat of the violence that assailed the peaceful #EndSARS protests, the indignities executed on some members of the security agencies were consigned as footnotes. I must say, the violence was not the craft of the #EndSARS protesters; it was the sleight of hand of state agents and commanders of state terror who introduced hoodlums into the mix. The protests were largely peaceful until state-sponsored thugs, like bloodhounds, got unleashed on citizens exercising their rights. The centre could no longer hold and mere anarchy was loosed upon the nation.
Yes, we simply cannot obviate the government’s role in the machination of the violence that nearly devoured the country. We must recognise that, and in fact emphasise it, those retailers of violence across the country were never #EndSARS protesters. We must not confute this fact. While the government’s backed hooligans were plaguing peaceful protesters, their brothers in arms took over the place, killing and maiming citizens, including law enforcement agents.
I must concede, the savage killing of police officers in the recent violence has not received proportional outrage. I understand why this is so. But it is inexcusable. These are humans like the rest of us – with families. Some of them were the breadwinners of their homes; they were fathers to their kids; they were husbands to their wives; they were brothers to their siblings and sons to their parents. Let us take a minute to imagine the agony of those they left behind. Really, beyond their uniforms, they are just humans — with one life and cognate human challenges.

Fredrick Nwabufo

I watched the videos of some of these killings. Too gruesome, too bestial, too ghastly. One of the recordings show a policeman with a knife stuck in his forehead, bleeding from all orifices while a mob takes a vicious turn on him. Another shows the beheading of an officer. Oh! God!
Really, the past incidents are some of the darkest episodes in our recent history. Stranger than fiction. I used to think ‘’beheading’’ is a barbarity left in the gutters of our bloody past. Alas! We are unevolving.
In some places, police officers were ‘’carbonised’’ and about 205 police stations razed. I believe, this is saddening for all genuine #EndSARS protesters. Let me restate it, the violence was never the design of the majority of Nigerians who demanded the disbandment of the special anti-robbery squad unit. Nigerians only seek a police that will protect them, and not extort, frame, harm or kill them.
I condemn the killing of all police officers in the recent orgy of bloodletting. I am outraged by the killings. And I ask that all those who have a hand in the carnage be made to account for their crime.
Expectedly, police officers are refusing to return to their duty post. They are asking, ‘’why should we protect those that have humiliated us so?’’
A divisional police officer was quoted by PRNigeria to have said, “In these ember months, and up to Christmas period and the New Year, I doubt if any of the security services can guarantee maximum security as usual. There is no way we can discharge our statutory responsibilities and function when we have become soft targets of miscreants and violent persons. Our destroyed facilities are yet to be reconstructed and rehabilitated; our looted armouries are yet to be restocked and when our men and women are yet to get over the humiliation of the atrocities committed on them by the same people we are charged to protect, how can we return to our duty post?”
There is no defence for truancy. As long as they are still being paid by tax-payers they have to do their bounden duty. It is understandable that they could be experiencing ebbing in morale, but this is the time they have to rise up and show Nigerians it is a new era in the force.  
Let the #EndSARS protest be the change that the police themselves need to reform and survive, and to address its own internal contradictions and challenges. We cannot minimise the important issue of police welfare if we really desire the best from the security agency. Let this be the herald of improved welfare and work condition as well as training for members of the force. By declining to do their constitutional duty, the police officers are leaving more room for citizens’ distrust and revulsion.
The police cannot police well without the cooperation of citizens. So, leaving Nigerians to their own fate because they campaigned for reforms in the force will only worsen police – citizen relationship.
This is the time we have to reach out to each other – the police and the civil population – to build a strong bond. We must rise from this stronger and better. Let #EndSARS be the spark that will bring about a new epoch of law enforcement and citizen camaraderie.
Again, police lives matter.
Fredrick Nwabufo is a writer and journalist
Twitter @FredrickNwabufo

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Governor Fayemi Keeping Killer Squad In Ekiti Government House, Planning To Relocate Two Gang Members To South Africa, Group Alleges

Governor Kayode Fayemi

The Ekiti Justice Group has accused Governor Kayode Fayemi of allegedly keeping a killer gang in the state’s Government House in Ado Ekiti, the capital.
According to the group in a statement by its Coordinator, Tunji Oluwasanmi, members of the killer gang on Saturday, October 24, 2020, invaded a guest house in the state capital and abducted five persons at gunpoint.

Governor Kayode Fayemi

EJG said it had reliably gathered that Governor Fayemi’s Chief of Staff, Biodun Omoleye, was already in the process of securing South African visas for two of the thugs so as to shield them from police arrest and prosecution.
“The squad which invaded GNN Guest House, Ado Ekiti, on the the night of Saturday, October 24, 2020, fired several gunshots at the hotel rooms and other properties, also abducted a former member of Ekiti State House of Assembly, who is the owner of the guest house, Dayo Akinleye (Dayo Maxima), Ariyo Afolabi and three others,” the statement reads.
The group challenged the governor to release the alleged thugs, Dele Omojola (Marshal), Folusho Paul and others, to the police instead of hiding them in the Government House.
It accused the governor of being behind the thugs that killed one Prince Sunday Ogunleye at Oke Ureje area of Ado Ekiti on Tuesday, October 20, 2020 and those, who killed Abolarinwa Olatunde in Oye Ekiti on the same day.
“It was worrisome that the ruling All Progressives Congress in Ekiti State could swiftly come to the defense of the thugs, lying that they were security agents, who went to effect arrest of people who were planning insurrection against the state government.”
The group asked when security agents started using pump action guns that CCTV footage showed the thugs firing shots with.

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Lekki Estate Residents Association Urges Members To Be Vigilant, Security-conscious

Following the looting and destruction of properties by thugs across the country, Lekki Estate Residents and Stakeholders Association has urged residents of the area to be security-conscious and vigilant.
President of LERSA, Olorogun James Emadoye, disclosed this in a statement on Saturday. 

According to Emadoye, major police stations including the Area Command in Ajiwe were totally destroyed and burnt down while criminals including armed robbers and cultist were released into the community.
The statement reads, “As stated during our emergency online meeting on security challenges and the vulnerability of Lekki axis held on Sunday, Oct 25, 2020 with all member estates and stakeholders, we noticed the wanton destructions of properties all along the axis. I expressed shock that in some cases, properties were razed and burnt down after the looting and noted that most estates with businesses including malls and public offices were affected. The depth of the damage is indescribable.
“The major police stations including the Area Command in Ajiwe which also had living quarters for police personnel and their families, Ikota and Elemoro police stations, were totally destroyed and burnt down while criminals including armed robbers and cultist were released into the community. The places of worship with the Area Command were also not spared. Many of the police officers and in some cases, their families, have been displaced and rendered homeless and all their personal effects and possessions including vehicles (both official and personal) were destroyed.
“The immediate impact of the above report is that currently, the entire length of the axis is “unpoliced”. There are no visible policemen in the area and that is a fact. Several operational vehicles have also been destroyed and razed in the destruction. This fact is however not lost on the criminal elements including robbers, cultists and opportunistic criminals in the area, and as we speak, the criminals know that distress calls to the law enforcement agencies will go unanswered and both the victim and criminal know police is not coming.
“It is not unreasonable to anticipate that criminal elements will begin to exploit this big vulnerability as our stakeholders are left exposed. This is one of the unique times in our adult history that many have experienced this regional vulnerability and taking a risk-based look at the situation, the situation is very dire and calls for immediate intervention by the community. As we speak, there are no functioning local police offices within 20-30 miles of most residents and what is worse is that those police units may not have the jurisdiction to even entertain your petition or request so things are in very bad shape to put it mildly. This may be the case for an indefinite period unless we intervene now.”

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E2%80%98super-cop%E2%80%99-abba-kyari-was-indicted-series-killings-corruption-and-covered-nigerian How ‘Super Cop’ Abba Kyari Was Indicted In A Series Of Killings, Corruption And Covered By Nigerian Police Hierarchy

DCP Abba Kyari
Abba Kyari
Abba Kyari
DCP Abba Kyari with the Inspector-General of Police (IGP), Mohammed Adamu.
DCP Abba Kyari
Abba Kyari
Abba Kyari

For the best part of his career as a policeman, Abba Kyari, a 45-year-old Deputy Commissioner of Police and leader of the Inspector-General of Police’s Intelligence Response Team, has been regarded as Nigeria’s ‘super cop’.
But following recent revelations of extortion against Kyari, a pattern has emerged showing his penchant for extortion and extrajudicial killing.

DCP Abba Kyari

For instance, on October 29, 2020, a Nigerian businessman named Mr Afeez Mojeed wrote a petition to the Lagos State Judicial Panel of Inquiry investigating activities of officers of the now disbanded Special Anti-Robbery Squad.
Following days of protests across the country, the Nigerian Government succumbed to the yearnings of the people by scrapping SARS — a police unit know for arbitrary arrests, extortions and killings.
While sharing his experience with the now disbanded group, Mojeed revealed that Kyari extorted over N41m from him.

Abba Kyari

The businessman revealed that the incident happened in 2014 when Kyari was then Officer-in-Charge of SARS in Lagos and oversaw his detention for 14 days during which period his car and other belongings were seized and sold by the ‘super cop’.

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Businessman Petitions Lagos Judicial Panel, Reveals How DCP Abba Kyari Extorted Him Of More Than N41m

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He added that within that 14-day period he was unlawfully detained in the custody of SARS, Kyari and his cronies extorted him of millions of naira.
“He was later arraigned in court on trump-up charge of stealing N97, 000, 000 (Ninety-seven Million Naira only) and for over one (l) year the matter was in court, the police never showed up or brought any witness, after several adjournments, which made the court to strike out the charge against him.
“It needs be pointed out that, while in detention, the police under the supervision and threat by Abba Kyari (OC SARS) forced him to sign Three (3) Zenith Bank cheques in the sum of N150, 000 (One Hundred and Fifty Thousand Naira only) each making N450, 000 (Four Hundred and Fifty Thousand Naira only) in total on 22nd – 23rd October, 2014 and gave same to One Alabi Olawale Nurudeen who is also one of their cronies to withdraw.
“They also forcefully obtained the password to his ATM card of this same bank with which they withdrew from his account severally from 20th – 23rd October 2014 to the tune of N395,000.
“As if these were not enough, the police, led by one Inspector Fola, Corporal Bolu Corporal Akeem under the directive of Abba Kyari and J. Okeke (Second in Command SARS) Ikeja then took our client to Diamond Bank, Ajah Branch, on 23rd and 24th October, 2014 to forcefully transfer the sum of N41, 000, 000 (Forty-one Million Naira only) and N800, 000 (Eight Hundred Thousand Naira) respectively from his corporate account M. Mateen Concepts into the account of one Obinna Edward, whom our client had never seen or heard of before, after which they shared the money,” Mojeed told the panel through his lawyers. Businessman Petitions Lagos Judicial Panel, Reveals How DCP Abba Kyari Extorted Him Of More Than N41m | Sahara Reporters PoliceNG #EndSARS pic.twitter.com/iC4bJcpw0d— Sahara Reporters (@SaharaReporters) October 29, 2020

Abba Kyari

Curiously, it is not the first time that allegations of extortion and abuse of office would be levelled against Kyari – in fact each time such pops up in the news, the police authorities have found a way to shield the supposed ‘star boy’ of the law enforcement agency from further scrutiny and punishment.
In January, 2019, Mrs Gift Ezenwa, wife of a notorious kidnapper, Collins Ezenwa nicknamed ‘E-Money’ and killed in 2018 during an exchange of gunfire along Enugu-Owerri Expressway, accused Kyari and his team of taking over her husband’s assets illegally.

Abba Kyari

The National Human Rights Commission in a petition in October 2018 to then Inspector-General of Police, Ibrahim Idris, also accused Kyari of illegally depleting the asset of Ezenwa, a former police corporal.
Kyari denied the allegation, describing it as cheap blackmail and an attempt by Mrs Ezenwa to dent the image of his team after he refused a bribe to settle the case against her late husband.
“The family of the kidnapper were begging to settle with us but we refused. Then, they vowed to spend money to spoil our names as all their efforts to transfer the case out of our office failed,” he said.

DCP Abba Kyari with some colleagues of the IGP Team

In October 2019, Kyari and his team were again in the news after a Federal High Court sitting in Jos, Plateau State, ordered the IRT to produce a suspect before it either dead or alive.
Justice Dorcas Agishi of Federal High Court 1 gave the order while ruling on two applications filed before her by Mr D.G. Dashe, counsel to the suspect, Mr Nanpon Sambo, who was alleged to have died in police custody in Abuja, according to the News Agency of Nigeria.
But rather than obeying the court order, Kyari in December 2019 filed motions asking the same court for stay of execution on the matter.
“l wonder why they could go on appeal of such an order because if the suspect is dead as they claimed and the court has ordered them to produce the corpse, they should just comply, ” the defense counsel said.
Not much had been heard of that case since that period.

Abba Kyari

Following the disbandment of some police units by Inspector-General of Police, Mohammed Adamu, recently, news went out that the IRT was affected but Kyari in an apparent bid to save his job quickly debunked that claim, going as far as saying that DCP Ben Okolo, who was said to have taken over his role, was only drafted to the IRT as head of the Routine Audit Team to audit arms, exhibits, operational vehicles, suspects etc.
According to top police sources, who spoke with SaharaReporters, there are series of allegations against Kyari and his team on corruption, extortion and summary executions before the IGP but this was being covered up as a result of the backing the 45-year-old police officer enjoys.

DCP Abba Kyari with the Inspector-General of Police (IGP), Mohammed Adamu.

“He enjoys the backing of higher authorities and that is why most of the allegations against him and his team are swept under the carpet,” one source in the police told SaharaReporters.
As more victims of police brutality and extortion share their chilling stories at the Lagos Judicial Panel of Inquiry and the others set up by various state governments across the country, the atrocities of police units like Kyari’s IRT are expected to be furthered revealed.

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Bandits Ambush Nigerian Soldiers In Katsina, Kill One

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An ambush by suspected bandits in Katsina State have left one soldier dead and others wounded.
Troops under ‘’Operation Sahel Sanity’’ were responding to a distress call about bandits’ activities at Diskuru Village in Faskari Local Government Area of Katsina State when the armed militants opened fire on them.

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Acting Director, Defense Media Operations, Brigadier-General Benerd Onyeuko, confirmed the incident in a statement on Sunday.
Onyeuko said three bandits were killed while others fled into the bush.
He further explained that the troops continued to dominate the village and adjoining environment to deny the bandits any respite, pointing out that regrettably one soldier paid the supreme price in an attempt to save one of the rescued nursing mothers in the heat of the encounter.
Onyeuko said, “The incident was recorded as the marauding bandits stormed the village on several motorcycles, shooting sporadically with the intent to scare the locals and loot valuables. On arrival, the troops engaged the criminals in a fierce fire fight forcing them to withdraw in disarray.
“Resulting from the encounter, three bandits were neutralized by the troops as several others were believed to have escaped with various degrees of gunshot wounds.
“During the exploitation phase, two additional bandits’ bodies were discovered along their withdrawal route. Also in the aftermath of the encounter, three women and their infants earlier kidnapped by the bandits were rescued from the criminals.”

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Former Nigerian Presidential Candidate, Olapade Agoro, Is Dead

Olapade Agoro

Former Presidential Candidate under the National Action Council, Olapade Agoro, is dead.
Agoro died on Sunday morning at about 2:00am, according to family members.

Olapade Agoro

The family said he had been hospitalised for about three weeks before he died on Sunday.
His daughter, Adeola Agoro, announced his death in a Facebook post.
The late politician’s son, Adebo, said the man died at a specialist hospital.
He said, “It happened around 2:15am on Sunday. He has been sick. He has been at the hospital for about three weeks.
“He passed on at the hospital where he was receiving treatment. He passed on at a specialist hospital at age 77.”

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#ENDSARS: Police Killed 15, Injure 67 Protesters In Mushin, Lagos, On October 20

Mushin to the World, a group of residents of Mushin area of Lagos, has exposed how police officers killed no less than 15 peaceful #ENDSARS protesters on October 20, 2020.
The killings happened hours before the massacre of protesters by Nigerian Army at Lekki, Lagos.
The group also revealed that over 67 persons sustained varying degrees of injuries following the attack on the protesters.

Babatunde O. Enitan, Co-Founder/Board Secretary of the group, said the attack was led by Divisional Police Officer, CSP Ayodele Arogbo, adding that victims of the senseless shootings were being treated in more than four different hospitals.
Enitan noted that the DPO stormed the protest ground around 1pm and started shooting after claiming to be enforcing the curfew that is to start by 4pm and later extended to 9pm on the 20th of October.

“Based on our findings, we have over 67 casualties and about 15 deaths in Mushin alone,” he said.
Residents of the community berated Governor Babajide Sanwo-Olu for not acknowledging the killing of peaceful protesters in Mushin by the police.
Enitan said, “We are pained that our people in Mushin whose lives have been lost and whose properties have been destroyed have not been dignified with a mention by any of the authorities as if they do not matter.
“Mushin lives do matter and we seek to draw the attention of the authorities to the fact that as at the time of this statement, the following represents the verifiable facts on the ground in the Mushin environ; Lagos University Teaching Hospital, 23 casualties (five confirmed dead), one seriously injured, four people at the theatre while others are being managed at the Accident and Emergency section.
“Aishat Hospital, one casualty (bullet), it penetrated his lungs.
“Mushin General Hospital, Oluyide, 43 casualties. Eight deaths, and three are battling for their lives while others seriously injured.”
Mushin community residents urged Governor Sanwo-Olu to “do the needful in ensuring that adequate and appropriate solutions are deployed to the Mushin environ to help stem the tide of carnage from the police”.
The shooting and killing of peaceful protesters in Lagos and other states had drawn global attention to police brutality in the country.
The country has been urged to respect human rights and the right of the people to peaceful assembly and demonstration.

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SERAP, 261 Others Sue Lai Mohammed, NBC, For Imposing N9m Fine On Channels, AIT, Arise TV Over #EndSARS Coverage

The Minister of Information and Culture, Alhaji Lai Mohammed.

The Socio-Economic Rights and Accountability Project, 261 concerned Nigerians, civil society and media groups have filed a lawsuit against the National Broadcasting Commission and Minister of Information and Culture, Lai Mohammed.
The litigants are asking the court to declare as arbitrary, illegal and unconstitutional the N3m fine imposed on each of Channels, AIT and Arise TV for their coverage of the #EndSARS protests.

The Minister of Information and Culture, Lai Mohammed.

They are also asking the court to stop NBC from collecting the money.
Acting Director-General of the NBC, Armstrong Idachaba, is joined in the suit as defendant.
The co-plaintiffs in the suit are 255 concerned Nigerians; Premium Times Services Limited; Centre for Journalism Innovation and Development; HEDA Resource Centre; International Centre for Investigative Reporting; African Centre for Media and Information Literacy; and Media Rights Agenda.
Idachaba, had last week announced fines of N9m on Channels, AIT, and Arise TV for purported “unprofessional coverage” of the #EndSARS protests across the country.

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Nigerian Government Fines Channels, AIT, Arise TV N9m Over #EndSARS Coverage

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But in the suit number FHC/ABJ/CS/1436/2020 filed last Friday at the Federal High Court, Abuja, the plaintiffs are seeking an order setting aside the arbitrary, illegal and unconstitutional fines of N9m and any other penal sanction unilaterally imposed by the NBC and Mr Lai Mohammed on Channels, AIT and Arise TV, and on any other radio/television stations simply for carrying out their professional and constitutional duties.
They argued that Section (2)(n) of the NBC Act and the Broadcasting Code are oppressive, and clearly inconsistent with the Nigerian constitution and the country’s international obligations.
The suit reads, “If the NBC and Lai Mohammed are allowed to continue to use these oppressive provisions against independent media in the guise of performing their statutory duties, the end result will be authoritarianism and denial of freedom and liberty.
“The NBC and Mr Lai Mohammed have consistently used broadcasting codes to suppress the watchdog roles of independent media, and to violate Nigerians’ human rights, including the rights to freedom of expression, to disseminate and receive information, and hold their government and public officials to account.
“The action by the NBC and Mr Lai Mohammed is arbitrary, illegal and unconstitutional, as it is contrary to section 39 of the Nigerian constitution, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights, which Nigeria has ratified. Their action is apparently aimed to clampdown on media freedom and Nigerians’ human rights.”
The plaintiffs are also seeking an order setting aside the fine of N5m and any other penal sanction unilaterally imposed by the NBC and Mr Lai Mohammed on Nigeria Info 99.3 FM Lagos, simply for carrying out its professional and constitutional duties.
The radio station was fined after an interview where a former Deputy Governor of the Central Bank of Nigeria, Obadiah Mailafia, said he got information that a Northern governor sponsored Boko Haram.
The suit filed on behalf of the plaintiffs by their lawyers Kolawole Oluwadare, Adelanke Aremo and Opeyemi Owolabi, reads in part, “A fine is a criminal sanction and only the court is empowered by the constitution to impose it. Fine imposed by regulatory agencies like the NBC without recourse to the courts is illegal, unconstitutional and offends the sacred principles of natural justice and fairness.
“It is the duty of the government to allow the legal and judicial powers of the state to function properly. Imposing any fine whatsoever without due process of law is arbitrary, as it contravenes the principles of ‘nemo judex in causa sua’ which literally means ‘one cannot be a judge in his own cause’ and ‘audi alteram partem’ which literally means ‘no one should be condemned unheard’.
“The NBC, being a regulatory body, is not empowered by law to act as the prosecutor and the judge; all at the same time. We humbly urge the court to set aside the unlawful and unconstitutional fines imposed on independent media houses, and to uphold the sanctity of the Nigerian constitution, Nigerians’ human rights, media freedom, and the rule of law.”

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The Judicial Panel Of Inquiries Set Up By Various State Governors Lack Jurisdictional Competence To Entertain The Subject-Matter Of Police Brutality And Human Right Violations By Evans Ufeli

Following the demands made by the ENDSARS protesters on police brutality and human right violation of Nigerians a resolution was reached by the National Economic Council of Nigeria recently asking state governors to set up panel of inquiries to look into the above-mentioned subject-matter at their various state with a view to resolving them according to the demands of the protesters.
While the idea may appear laudable in its cosmetics evaluation, it is flawed in legal expropriation and judicial sanctity. The Judicial Panel of Inquiries of the various states lacks the jurisdictional competence by law to entertain the subject-matter in this case.
Let us begin by using the Judicial Panel of Inquiries Law of Lagos State as a case study. Section 1 of the Tribunals of Inquiry Law of Lagos State provides that:
“The governor may when necessary constitute one or more persons by a signed instrument , a Tribunal with authority to Inquire into the conduct of affairs of any officer in the public service of the state or any officer in the local authority in the state , or of any chief or management of any department of the public service of any local authority or declarations of customary law relating to selection of Oba or a recognized chief or any matter related to any chieftaincy dispute or into any matter in respect of which in the opinion of an inquiry would be for public welfare. The governor may by same instrument or by an order appoint a secretary to the Tribunal who will perform such duties as the members will prescribe” 

The aforementioned provision under reference captures the scope and limit of the jurisdiction of the Judicial Panel of Inquiry in Lagos State and same applies to other states of the federation including the Federal Capital Territory, Abuja. The law setting up the panel tied its jurisdiction to the affairs of the civil service and local government authorities of the state for which police brutality and human right violations masterminded by the police or individuals outside the employment of the state is not one of them. Police matters as conveyed by our laws under item 45 of the second schedule, part 1 of the 1999 constitution of the Federal Republic of Nigeria is contained in the exclusive legislative list which are functions which only the Federal Government can adjudicate upon.
Do not get it wrong, I have not said the Judicial Tribunals of Inquiries are illegal. I only mean that police brutality or human right violations by the police – a federal institution does not fall within the purview of the state in the eyes of the law. The panels can exercise its functions but the subject-matter must fall under that, specified by the law setting up the tribunal as defined expressly as matters related to the state civil service and other matters connected thereto.
By way of contradistinction, it is the National Human Rights Commission that is saddled with the function to determine all forms of human rights violations of this magnitude, emanating from an establishment of the federal government like the police force.
The NHRC (Amendment) Act, 2010 has conferred on the commission additional independence and strengthened the commission’s power with respect to promotion and protection of human rights, investigation of alleged violation of human rights and enforcement of decisions.
The Amended Act has also widened the scope of the commission’s mandate to include vetting of legislations at all levels to ensure their compliance with human rights norms. Specifically, the NHRC is mandated to:
Deal with all matters relating to the promotion and protection of human rights as guaranteed by the Constitution of the Federal Republic of Nigeria, the United Nations Charter and the Universal Declaration on Human Rights, the International Convention on Civil and Political Rights, the International Convention on the Elimination of all forms of Racial Discrimination, the International Convention on Economic, Social and Cultural Rights, the Convention on the Elimination of all forms of Discrimination Against Women, the Convention on the Rights of the Child, the African Charter on Human and Peoples’ Rights and other international and regional instruments on human rights to which Nigeria is a party;
Monitor and investigate all alleged cases of human rights violations in Nigeria and make appropriate recommendation to the Federal Government for the prosecution and such other actions as it may deem expedient in each circumstance;
Assist victims of human rights violations and seek appropriate redress and remedies on their behalf
Undertake studies on all matters pertaining to human rights and assist the federal, state and local governments, where it considers it appropriate to do so, in the formulation of appropriate policies on the guarantee of human rights;
f.      Publish and submit from time to time to the President the National Assembly, the judiciary, state and local governments, reports on the state of human rights promotion and protection in Nigeria;
g. Organize local and international seminars, workshops and conferences on human rights issues for public enlightenment;
h. Liaise and cooperate, in such a manner as it considers appropriate, with local and international organizations on human rights for the purpose of advancing the promotion and protection of human rights.
Section 6 of the National Human Rights Commission Act 2010 provides that:
The commission shall have power to –
(a) Conduct its investigations and inquiries in such manner as it considers appropriate;
(b) Institute any civil action on any matter it deems fit in relation to the exercise of its functions under this Act;
(c) Appoint any person, whether or not such a person is in public service, to act as an interpreter in any matter brought before it and to translate any such book, paper or writing produced to it;
(d) Visit persons, police cells and other places of detention in order to ascertain the conditions thereon and make recommendations to the appropriate authorities;
(e) Make determination as to the damages or compensation payable in relation to any violation of human rights where it deems this necessary in the circumstances of the case;
(f) Co-operate with and consult with other agencies and organizations, governmental and non-governmental as it may deem appropriate; and
(g) Do such other things as are incidental, necessary, conducive or expedient for the performance of its functions under this Act.”
In view of the foregoing, it is quite clear and unambiguous that the ongoing Judicial Panels of Inquiries across the state which are delving into the subjects matter of police brutality and human rights violations are completely off the confines of their jurisdiction. The National Economic Council that passed the resolution on the 15 of October 2020 which led to the institution of these Panels of Inquiries across the states have no such powers under the law to do so. It is settled law that parties and/or institutions cannot by their own agreement confer jurisdiction on themselves or on any Court or Tribunal in Nigeria. There must be a legislation setting up the Tribunal and that legislation by the force of law confers jurisdiction on the panel or institutions to function, defining its scope and limits. Anything short of that goes to no issue and same is deemed nugatory. You cannot give what you don’t have.
We must allow the National Human Rights Commission to function and not allow the state to usurp its authorities. This will weaken the commission and defeat its purpose. The conversation on building strong institutions is very critical right now in Nigeria and our actions and inactions must reflect that call to build strong institutions and not to abuse the already existing ones with defined functions.
You cannot put something on nothing and expect it to stand. It will collapse.
Evans Ufeli Esq is a Lagos-based legal practitioner and Executive Director of Cadrell Advocacy Centre

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