The Nigeria Police Force has filed a law suit at the Federal High Court in Abuja for an order to stop the various states’ judicial panels of enquiry probing allegations of rights abuses and extrajudicial killings of the disbanded Special Anti-Robbery Squad and other police units.
The plaintiff urged the court to stop the various panel inquiry and the Attorney-General of the 36 states from probing the allegations against the disbanded SARS and the police unit in the law suit marked, FHC/ABJ/CS/1492/2020.
The defendants, who were sued by the NPF, includes the Attorney-General of the Federation, the National Human Rights Commission which set up the Independent Investigative Panel sitting in Abuja, the Attorneys-General of the states, and chairmen of the states’ panels making them a total of 104.
The various panels of enquiry was set up by the National Economic Council with members including the 36 state governors and Vice President Yemi Osinbajo, following the aftermath of the recent nationwide #EndSARS protests demanding an end to police brutality.
The NPF, through their lawyer, Mr O. M. Atoyebi (SAN), argued in the suit that the state governments lacked the power to constitute the panels of inquiry to investigate activities of the police force and its officials in conducting of their duties.
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 according to the plaintiffs.
It argued that in the Nigerian Constitution, only the Federal Government had exclusive power to organise, control and administer the Nigeria Police Force.
Therefore, they urged the court to declare among others 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”.