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Concerns over Delay in DHQ Panel Report on Taraba Killing

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Concerns over Delay in DHQ Panel Report on Taraba Killing

Concerns over Delay in DHQ Panel Report on Taraba Killing
September 02
09:03 2019

 

When will the panel set up by the Defence Headquarters (DHQ) to unravel the circumstances surrounding the killing of three police detectives and some civilians by soldiers of the 93 Battalion of the Nigerian Army, Takum, Taraba State, who took a suspected kidnap don, Alhaji Hamisu Bala Wadume, from police custody submitted its report?

That was the raging question in police and military circles at the weekend as the panel missed yet another deadline last Friday to turn in its report to the Chief of Defence Staff (CDS), General Gabriel Olonisakin.

THISDAY investigation showed that while the panel, headed by Rear Admiral Ibikunle Olaiya, has not formally got any extension of time to conclude its works, it was uncertain when the job would be done with. 

The protracted delay has triggered mounting anxiety among stakeholders, especially family members of the slain policemen and civilians, who have been awaiting the outcome of the panel to decide how to pursue allegations of extra-judicial killings against the soldiers.

The delay in the submission of the report is also fueling suspicion that the panel may be trying to play for time to cover up some issues.

Already, a foremost human rights activist and Senior Advocate of Nigeria (SAN), Mr. Femi Falana, has called on the Inspector General of Police, Mohammed Adamu, to adopt the report of an earlier panel set up by the Police high command, headed by a Deputy Inspector-General of Police (DIG), and submit it to the office of the Attorney-General of Taraba State for implementation.

Falana, at the weekend, called for the disbandment of the DHQ panel, saying it usurped the powers exclusively conferred on the governor of Taraba State by virtue of the Commission of Enquiry Law of Taraba State.

He has also given the Chief of Army Staff, Lt. General Tukur Buratai, an ultimatum to pay compensation to the family of the slain policemen or face legal action.

THISDAY learnt from sources close to the panel that it had received additional submissions and video evidence, which it had to collate and further analyse before it could arrive at any conclusion in the matter.

One of the sources said Olaiya had also expressed doubts that the panel would be able to meet the Friday deadline given the additional evidence available to it.

It was not clear if the panel, which was set up more than three weeks ago, has been given an extension to conclude the collation of materials.

THISDAY gathered that the panel has also rejected claims by Wadume that he lost his manhood during the shooting incident at the Ibi-Wukari Road army checkpoint while he was being taken to Taraba State Police Command for interrogation.

He reportedly said he might not be able to perform his conjugal obligations to his four wives.

A source said the panel was focused on recommending strict and appropriate sanctions to those found culpable.

“The focus of the panel at this stage is to recommend appropriate sanctions to offenders and it will not be distracted from that. The suspect, Wadume, claimed that he sustained injury in his private part during the shooting and may not be able to meet his four wives.

“While the panel is not against having suspects in good state of health, an offence has been committed and the focus is to apply the right sanctions to act as a deterrent to others who may have plans in that direction,” he said.

On the allegation that the delay in the submission of the report could be a ploy to cover up some issues, a security source said it could not be dismissed as there were claims in some quarters that there was a cover-up agenda.

“The panel has had three weeks of sitting in Taraba and Abuja. What is delaying the report? Is there an attempt to cover up? The suspicion is already building up. You know the attitude in Nigeria is to set up this kind of panel and when it gets to this stage, excuses are given until it fizzles out”, the source said.

Meanwhile, Falana has called on the Inspector General of Police to submit a copy of the report of the investigation conducted by the police panel to the Attorney-General of Taraba State for prosecution of the culprits.

He said: “Having regards to the facts and circumstances of the tragic incident, we are compelled to request the Inspector General of Police to submit a copy of the report of investigation conducted into the killing to the Attorney-General of Taraba State for the immediate prosecution of the culprits. 

“If the suspects are not released by the military authorities for investigation and prosecution, the police should apply to the High Court of Taraba State for issuance of a bench warrant. 

“Once the bench warrant is issued, the Chief of Army Staff will have no choice but to fish out the suspects for the purpose of having them arraigned in the High Court for the offences of conspiracy, culpable homicide and assault occasioning harm.” 

Falana cited the case of a rape incident involving a soldier in Ondo State, which was charged to court without the intervention of any panel.

He stated: “A few weeks ago, a soldier was alleged to have raped a female undergraduate of the Adekunle Ajasin University, Ondo State.

“Without waiting for the report of any military panel set up by the Chief of Defence Staff or Chief of Army Staff, the Ondo State Police Command arrested the suspect, investigated him and applied to a Magistrates’ Court for a remand order.

“The application was granted and the suspect has been remanded in prison custody pending his arraignment in the Ondo State High Court which has jurisdiction over the matter.

  “Since culpable homicide is a state offence, the Police Headquarters should follow the Ondo State template by collaborating with the Attorney General of Taraba State to ensure that the culprits are made to face the music.”

Falana cited the case of Chief Gani Fawehinmi v. Ibrahim Babangida in which the Supreme Court held that the power of the president to institute an inquiry on any matter is limited to the Federal Capital Territory as the Tribunal of Inquiry Act is not a law of general application in the country.

He explained: “It was the view of the apex court that ‘the power to make a general law for the establishment and regulation of tribunals of inquiry in the form of the Tribunals of Inquiry Act 1966 is now a residual power under the 1999 Constitution belonging to the states. However, in regard to the Federal Capital Territory Abuja, the power resides in the National Assembly. 

“Since the president has no power to institute an inquiry into the killing which occurred outside the Federal Capital Territory, the power, which does not exist, cannot be delegated to the Chief of Defence Staff. Accordingly, the panel set up by the Chief of Defence into the illegal killing of the four people along Ibi-Wukari road in Taraba State on August 7. 2019 should be disbanded without any further delay.”  

The human rights lawyer, who is a counsel to one of the slain policemen, also gave Buratai an ultimatum to pay compensation to the family of the policemen, failing which he would mount a legal challenge.

“Notwithstanding the demand for the timely prosecution of the culprits, it ought to be pointed out that the Nigerian Army is vicariously liable for the extra-judicial execution of the slain civilian and police personnel,” Falana said, adding: “To that extent, the Nigerian Army is under a legal obligation to pay monetary compensation to the estate of the deceased.”

He warned that if the request was not granted by the Nigerian Army within the next few days, the family would not hesitate to approach the Federal High Court to secure the enforcement of the fundamental right of the deceased to life guaranteed by section 33 of the Constitution.”

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