The Nigeria Police Force has filed a suit at the Federal High Court in Abuja seeking the dissolution of the judicial panels of inquiry to probe allegations of rights abuses and other acts of brutality by the disbanded Special Anti-Robbery Squad (SARS) and other police units. Vice President Yemi Osinbajo led National Economic Council had mandated states and the Federal Capital Territory Abuja to set the panels following weeks of nationwide protests against police brutality. The NPF in the suit argued 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. It argued 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 the court 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”. Other defendants in the suit include the Attorney-General of the Federation, the National Human Rights Commission, and chairmen of the states’ panels.
December 3, 20201208
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