Who is Afraid of the Lekki Judicial Panel of Inquiry Report?

October 20, 2020 will go down in the annals of Nigeria’s history, as ‘Black Tuesday’. It was the evening during which a nation watched in bewilderment, as the Army rolled out its armoury and opened fire on hapless, unarmed and defenceless Nigerian Youths who congregated at the Lekki Tollgate Plaza to join in the protest to end Police brutality in Nigeria. Ironically, they ended up being brutalised, also by the Police once again! As would be expected, the Lagos State Government set up a Judicial Panel of Inquiry, to examine the remote and immediate causes of the unfortunate incident, and determine whether or not, lives were lost. The Panel last week submitted its damning Report to the Lagos State Governor; a Report which has not been officially released, but, somehow leaked to the Public. The findings which have been discussed on various news platforms even by Counsel to the Lagos State Government, indicate that the Lekki incident was nothing short of a massacre. Femi Falana, SAN, Olumide Babalola and Sam Akpologu delve into the vexed issue, and draw attention to the salient points in the Report

Massacre at Lekki Toll Gate, JPI Recommendations Must be Implemented to the Letter

Femi Falana, SAN

Background

For several years, the human rights community had called for the prosecution of the Operatives of the Special Anti Robbery Squad (SARS) over incessant arrests, detention, torture and extrajudicial killing of citizens. As such calls were ignored by the authorities, the SARS intensified the brutalisation of citizens, particularly young people. The video of the reckless killing of an unarmed young man in Delta State sometime in the first week of October 2020 by trigger-happy SARS officials went viral, and led to spontaneous street protests in many States of the Federation and the Federal Capital Territory. In its initial reaction to the protests, the Federal Government announced that SARS would undergo some reforms.
Since the Government had ignored the reports of many administrative panels that made a strong case for Police reforms in the recent past, the Youths distrusted the authorities. They continued the peaceful protests, and demanded for the immediate disbandment of SARS. Having regard to the popularity of the protests which spread like a bush fire in the harmattan, the immediate past Inspector-General of Police, Mr Abubakar Adamu, announced the dissolution of the notorious SARS and replaced it with the Special Weapons and Tactics (SWAT). At that juncture, the Federal Government hurriedly released the report of the Presidential Panel on Human Rights Abuse by the Police which had been submitted since 2018, and directed the Police Authorities to dismiss indicted officers, and prosecute those who had engaged in illegal execution of criminal suspects and other citizens.
Furthermore, the Federal Government and the various State Governments instituted Judicial Commissions of Inquiry to probe sundry allegations of Police brutality (which had been ignored over the years), in accordance with the directive of the National Economic Council.

Hijack of the Protests by Armed Thugs

Notwithstanding that the protests were acknowledged to be peaceful, the Federal Government became frustrated that they were not called off. In Ogbomoso, Oyo State, Port Harcourt, Rivers State, Asaba, Delta State, Benin, Edo State, and other cities, the Police killed scores of Protesters without any basis. In Lagos and Abuja, the Protesters were attacked by a gang of hired thugs. The Protesters promptly arrested the thugs, and handed them over to the Police for prosecution. But, as the criminal elements were released by the Police, the so-called saw a free rein for thuggery and stepped in to hijack the protests.
The armed thugs engaged in the killing of Policemen, set private and public buildings on fire, attacked Police stations and Correctional Centres where they freed a number of convicts and awaiting trial inmates.

Army Invasion of the Lekki Tollgate

Under the pretext of collaborating with the Police to restore law and order, a battalion of the Nigerian Army invaded the Lekki Tollgate in Lagos. Upon sighting the armed soldiers, the #EndSARS Protesters waved the Nigerian flag and sang the national anthem. Without any provocation whatsoever, the soldiers opened fire on the Protesters. Some of the Protesters were killed, while others were injured. It was a case of what Fela Anikulapo-Kuti once referred to as “Sorrow, tears and blood”. As the killing of the unarmed Protesters defied the rules of engagement of the Armed Forces, the Army Headquarters became embarrassed and denied that troops were present at the Lekki Tollgate.
The Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN said that those who attacked the Protesters were hoodlums who wore military fatigue. On not less than five occasions, the Minister of Information, Alhaji Lai Mohammed, has categorically denied the killing of any Protester. In challenging the claim of the survivors, Alhaji Mohammed said that it was a case of killing without bodies and names. But, when confronted with irrefutable digital evidence by the #EndSARS Protest movement, the Army turned round to admit that soldiers were at the Lekki Tollgate to stop the protest, and that they only shot rubber bullets into the air!

Four Military Officers at the JPI

Thereafter, four military officers appeared before the Lagos State Judicial Panel of Inquiry on Restitution for Victims of SARS Related Abuses and Other Matters headed by Justice Doris Okuwobi (Rtd), where they gave evidence and denied the allegation of the killing of Protesters. But, the military officers and their Lawyers suddenly withdrew appearance from the Panel as soon as eye witnesses, victims including amputees, relations of those who were killed, medical personnel and other experts appeared to give evidence at the Panel. Thus, as the Commission rightly pointed out that the overwhelming evidence of the eye witnesses and forensic experts which implicated the Military and Police personnel who carried out the brutal killing of the Protesters, was not challenged by way of cross examination.

Report Handover

The Justice Okuwobi Judicial Commission, submitted its report last week. Upon receiving the report, Governor Governor Babajide Sanwoolu confirmed that the Government did not interfere with the work of the Commission when he said that “It is instructive for us to put it out on record, that the Panel has been totally independent. The Panel has had its full request and has been given full authority to summon, to inquire, to ask, to request anybody or anything so wished that would help them come to their conclusion”. The Governor commended members of the Panel for the work done, adding that posterity will be kind to them. He said the report will be submitted to the National Economic Council (NEC), adding that “proper response” will be accorded to the recommendations.
The Governor has already constituted a four-member Committee headed by Mr Moyosore Onigbanjo, SAN, the State’s Attorney-General and Commissioner for Justice, to come up with a White Paper on the Panel’s recommendations within the next two weeks. Having accepted the report in good faith, the Governor said: “I’m believing and trusting that this process will help us start the very difficult process of proper reconciliation, restitution, bringing together of anyone that must have in one form or the other, been affected. By either the Police or any of our citizens that must have been wronged in one form or the other, the process of healing, I imagine, with the submission of this Panel report, will start that process”.

The Leaked Report

After the official presentation of the report, a leaked version was circulated on social media. In its 309-paged Report, the Panel found that soldiers stormed the Lekki Toll Gate to disperse #EndSARS Protesters on the night of October 20, 2020; and that at least 48 Protesters were either shot dead, injured with bullet wounds or assaulted by soldiers. According to the report, nine protesters were confirmed dead, while four were presumed dead. Among the 48, about 20 sustained gunshot injuries, while 13 others were assaulted by the military. The Panel also noted that 96 other corpses were presented by a forensic pathologist at the Lagos State University Teaching Hospital, Prof John Obafunwa. It was confirmed by the Panel, that the Protesters were killed by Policemen and soldiers.

Consequently, the Panel recommended that all officers and soldiers that were deployed in the Lekki Tollgate on October 20, 2020 should be made to face appropriate disciplinary action, stripped of their status, and dismissed, “as they are not fit and proper to serve in any public or security service of the nation”. The Commission further recommended that the Divisional Police Officer of the Maroko Police Station along with the Policemen deployed from the Maroko Police Station on October 20 and 21, 2020, be prosecuted for arbitrary and indiscriminate shooting and killing of Protesters. The Commission recommended that the Lekki Toll Plaza be made a memorial site for the Protest by renaming it the #EndSARS Tollgate, and that October 20 of every year be made a “toll free day” at the Plaza, as long as the Tollgate exists.

The findings of the Commission, are a complete negation of the consistent claim by the Federal Government that there was no massacre at the Tollgate during the nationwide protests against extrajudicial killings and Police brutality by Operatives of the SARS.
Having read the report, I wish to state without any fear of contradiction, that the Panel gave everybody fair hearing, analysed the oral and documentary evidence, summarised the findings and made profound recommendations. The Nigerian Army which withdrew its officers from the proceedings of the Panel, has itself to blame for the indictment of its personnel.

Critics of the Report and Campaign of Calumny

In defence of the security officials, a few persons had attempted to pooh-pooh the findings of the Commission and discredit the members.

Furthermore, the Lekki Concession Company Limited, an agency of the Lagos State Government which later disabled the CCTV camera at the Lekki Tollgate which captured the tragic incident of the night in question, had issued a press statement to condemn the wanton killing of the Protesters. A copy of the press statement was tendered and admitted in evidence, during the proceedings. In any case, the controversy surrounding the findings of the Commission is centred around the number of the Protesters that were killed, and not that the killings did not occur. But, it is on record that a few hours after the incident, Governor Sanwo-Olu had disclosed that two people were killed at the Lekki Tollgate. The disclosure was made after the Governor had visited several injured people, who were then receiving treatment in some hospitals. It is therefore, crystal clear that those who are out to discredit the report are obviously weeping more than the bereaved.

But, no amount of a campaign of calumny can impeach the solid credentials of members of the Judicial Commission. The Panel was led by Doris Okuwobi, a retired Judge and former Solicitor-General and Permanent Secretary in the Lagos State Ministry of Justice. Other members are Taiwo Lakanu, a retired Deputy Inspector General of Police, Ebun Adegboruwa, a Senior Advocate of Nigeria and Patience Udoh (representing the Civil Society), Segun Awosanya (human rights activist), Olutoyin Odusanya (Director, Lagos Citizens Mediation Centre), and Temitope Majekodunmi, a Youth representative. The remaining two members, who were among the Protesters, resigned from the Panel. No doubt, the Lagos State Government must have been stunned by the findings of the Commission.

Action

Unlike similar bodies in other States of the Federation, the Okuwobi Commission was empowered by the Lagos State Government to pay compensation to the victims of Police brutality in deserving cases. Based on its findings, the Commission was able to pay not less than N409 million to victims of illegal detention and torture, as well as bereaved family members of unarmed citizens who were extrajudicially executed by some trigger-happy Police officers.
However, as Police brutality has continued unabated the Okuwobi Judicial Commission has rightly recommended the establishment of a standing Human Rights Committee, to address the allegations of human rights abuse by security forces. Since the Panel was only able to attend to 186 out of the 252 petitions submitted to it by victims of Police brutality, the Panel urged the Government to authorise the proposed Human Rights Committee to consider the remaining petitions.

Contrary to the antics of the critics of the report of the Commission, the Lagos State Government has demonstrated its readiness to implement the recommendations. It is pertinent to note that, while the Commission was sitting, the Governor Sanwo-Olu visited the homes of the six Police officers who were killed in Lagos during the protests, paid them N60 million, and announced that the State Government would educate the children of the slain officers up to University level. The widow of a Spy Policeman who was killed by the mob, has equally been compensated by the State Government. To stop the Police from killing participants during peaceful rallies and public meetings, the Lagos State Government has equipped the State Police Command with canisters of teargas and water canons.

Commendation

The members of the Okuwobi Judicial Commission of Inquiry, deserve commendation for the thorough investigation of Police brutality in Lagos State. In view of the integrity of the members of the Panel and the quality of the findings, I am confident that the Lagos State Government will pluck up the courage to implement the remaining recommendations of the Commission. President Muhammadu Buhari has said that the Federal Government is awaiting the report of all the Judicial Commissions of Inquiry instituted by the State Governments, with a view to taking appropriate action on the recommendations. The Lagos State Government and other State Governments, should not hesitate to forward the reports of the Commissions to the Federal Government. To that extent, the Commissions that are still sitting should conclude the national assignment without any further delay.

Conclusion

Finally, while commending the witnesses and their Lawyers for exposing the official cover up of the egregious human rights abuse perpetrated by the merchants of death in the country last year, the Federal Government and the various State Governments should ensure that venues are designated where aggrieved citizens can hold rallies in exercise of their fundamental rights to freedom of expression and assembly guaranteed by Sections 39 and 40 of the Nigerian Constitution. The violent attack of unarmed Protesters during peaceful rallies by Military personnel, should be completely halted by the Federal Government. This demand is in line with several decisions of Nigerian courts, against the involvement of Military personnel in the maintenance of internal security in the country. Since Section 83 (4) of the Police Establishment Act 2020 has imposed a duty on the Police to provide adequate security for citizens who participate in public meetings and rallies, the Inspector-General of Police should stop the Police from subjecting Protesters to unwarranted attacks.

Femi Falana, SAN, Human Rights Lawyer; Recipient of the Bernard Simmons Award of the International Bar Association

#EndSARS Panel Report: The International Community is Waiting

Olumide Babalola

After Covid-19, the most publicised and discussed singular event of the year 2020 in Nigeria was the EndSARS movement, its consequences and tragedies. For the sake of posterity and my stern belief in freedom of expression, #EndSARS should not merely be referred to as a Protest. It was much more than a mere protest – a term that has suffered many indignations and resistance by the powers that be. It was an unprecedented expression of exasperation by the Nigerian youth, as a result of the unthinkable activities of the Nigeria Police over the years.
Ever since my Law Firm was briefed by the Cable News Network (CNN) to represent them at the #EndSARS Panel, and our necessary objection to the geographical jurisdiction of the Panel to summon CNN, I had followed the Panel’s proceedings with bated breath. Hence, my huge relief upon sighting the leaked copy of the Panel report.

So much has been written about the #EndSARS, by home and international press; hence, my intervention here is not about what it is or what is not. Rather, I will attempt a brief but explanatory breakdown of the Report of the Lagos State Judicial Panel of Inquiry, on restitution for victims of SARS related abuse and other matters (the #EndSARS Panel or the Panel).
Background

On the evening of the 20th day of October, 2020, Nigerians and the international community were alerted to news of sporadic shooting by a combined team of Army officers and Policemen at the Lekki Tollgate in Lagos State. The Army and Police had been conscripted by Government, to disperse the ongoing #EndSARS demonstrations against Police brutality at the Tollgate that evening.

Expectedly, after the shooting spree, there were allegations and counter-allegations of bloodletting and maiming of several Protesters at the Tollgate by the Army and the Police. Prior to the unfortunate event of October 20, 2020, on the previous day, the Governor of Lagos State had constituted the #EndSARS Panel to investigate allegations of high-handedness and brutality levelled against the defunct Special Anti-Robbery Squad (SARS) – a unit of the Nigeria Police Force, specially devised to investigate and arrest the growing spate of armed robberies in the country.

When the ‘Lekki Tollgate’ happened on us, the Lagos State Governor, Mr. Babajide Sanwo-olu extended the #EndSARS Panel’s term of reference to include the incident and to make recommendations, among other functions.

The Leaked Panel’s Report

On Monday, the 15th day of November, 2021, major news platforms reported that the #EndSARS Panel had submitted its report to the Lagos State Governor. Barely three hours after the news was reported, an unsigned copy of the Panel’s report (running into 309 pages) was leaked to the public. Expectedly, the leaked report has generated a lot of buzz culminating in denials even from a member of the Panel, that it may not be the submitted version. One of the Counsel that represented Lagos State Government, has also gone to town with his perceived ‘missing links’ in the report.
Notwithstanding the divergent opinions on the form and substance of the report, this article is based on the version that has been made public yet. Knowing Nigerian public authorities’ antecedents, the submitted version may never be made public, even if the heavens fall.

The Findings and Conclusions

To make this reader-friendly for non-Lawyers, I will summarise the decisions of the #EndSARS Panel with the following questions and answers:

1. Was the demonstration of the 20th day of October, 2020 at the Lekki Tollgate peaceful?
The Panel was sincere enough to find that, despite some reported unruly protesters in other parts of Lagos State, the particular protest at the Lekki Tollgate was largely peaceful, because the Government was duly informed, and some celebrities involved properly managed the situation to avoid clashes between the Police and Protesters. (Page 282)

2. Was the Protest at the Lekki Tollgate hijacked by hoodlums as claimed by the Government?
While there was reported commotion in other parts of Lagos, Lekki Tollgate was peaceful, and there was no need for Army or Police presence at all. The Panel interestingly, found such presence was an interference with freedom of association and freedom of speech guaranteed by the Constitution. (Page 284)

3. Did the Lagos State Government invite the Army to Lekki Tollgate?
While the Report merely states that the Army was invited, it does not categorically state that it was the Lagos State Government that invited them. (Page 284)
4. Did the Army shoot blank or live bullets at Protesters at Lekki Tollgate?
At about 6.40pm on the 20th day of October, 2020, the Army from 65 Battalion acting under 81 Division Garrison arrived at the Lekki Tollgate, and they shot both blank and live bullets at the unarmed Protesters, killing and maiming many in the process. (Page 285 and 289)

5. Did the Police aid the Army at the Tollgate?
Even though the Divisional Police Officer (DPO) of Maroko Police Station denied mobilising his men to Lekki Tollgate on October 20, the Panel found that the Police did not only support the Army, they shot and killed Protesters on that day. (Page 290 to 293)
6.Was there a Massacre at Lekki Tollgate?
Upon defining the term massacre as the killing of multiple individuals without moral justification, the Panel found that by killing and maiming many people at Lekki Tollgate on the 20th day of October, 2020, there was massacre, and this finding is supported by a list of the victims’ names included therein. (Page 294 to 297)

Panel’s Recommendations

Ultimately, the Panel made a number of recommendations including: a better welfare package for the Police; disciplinary actions against some Army/Police Officers involved; the prosecution of the DPO in Maroko Police Station; naming of the Tollgate after #EndSARS, and preserving the memories of the lives that were lost on October 20, 2020 and the #EndSARS movement. etc.

Conclusion

I am not unmindful of the unsurprising fact that the leaked report has been caught in the crossfire of denials and counter-allegations by the masked and declared antagonists and protagonists of the #EndSARS movement – which was acknowledged by the Panel as a very organised and well-coordinated advocacy. (see Page 11 under the executive summary)

In the past few days, we have read reports of allegations of discrepancies in the report, amidst characteristic unfair castigation of the Panel members. In a similar pattern, the Cable News Network (CNN) which was copiously referenced in the Panel’s proceedings and Report, has also had its own fair share of Government attacks and intimidation for reporting the Lekki shooting incidents.

Immediately after the Lekki shooting, the Federal Government through the Minister of Information, Alhaji Lai Mohammed, had on many occasions attempted to intimidate and threaten CNN for ‘misleading the public’ on what happened at the Lekki Tollgate. For the avoidance of doubt, Alhaji Mohammed held many news conferences where he insisted that CNN lied about the shootings, and the reportage was fake news, and that CNN should be sanctioned. Alhaji frontally denied that there was any casualty, as a result of the shooting spree of October 20.

As if that was not enough, the Government orchestrated the invitation of CNN and its staff to the Panel to confirm its news report, in spite of the volume of evidence of what happened at the Lekki Tollgate in public space. With the benefit of hindsight, CNN, after all, made a good decision in challenging the court’s territorial decision, otherwise further accusing fingers may be pointed at the international news giant as we write.

However, with the findings of the Panel on the shooting of live bullets and the evidence of casualties at the scene, CNN has been vindicated for reporting the unfortunate incidents of the 20th day of October 2021.

Ultimately, irrespective of whatever faults the Government or its apologists may find with the report, a number of facts remain unassailable to wit; the Lekki Tollgate protest was peaceful; it was not hijacked by hoodlums; the Army was invited where it had no business; many people were killed and wounded – confirming the reports of massacre and attendant cover up and intimidation.

Conclusively, a lot of people had earlier expressed their pessimism towards the Government’s setting up of the Panel. History and past experiences have shown that the Government is often uninterested in whatever reports come out of such panels, especially where Government actors have been indicted.
In the #EndSARS case, it was not a regular kind of protest. It had international flavour, and attracted global interest. Hence, the international community is waiting on the Nigerian Government to see what their next move will be on the damning report, especially in the wake of its Lawyers’ discovery of ‘missing links’ in the circulated report.

Olumide Babalola, Digital Rights Lawyer, Co-founder of Digital Rights Lawyers Initiative; Author of several law books; Counsel to CNN at the Lagos State Judicial Panel Inquiry on the #EndSARS Protest Lekki Incident of October 20, 2020