Proceedings at the Lagos State Judicial Panel of Enquiry and Restitution for Victims of SARS related abuses and other matters degenerated into a shouting match on Saturday, following the panel’s decision to return the Lekki Toll Gate plaza to its owners, the Lekki Concession Company (LCC).
The plaza had been under the panel’s jurisdiction since it began sitting last October in the wake of the near nationwide #EndSARS protests.
Judge emeritus Doris Okuwobi, sitting alongside four of the nine members of the panel, upheld the LCC’s application to repossess the plaza after taking arguments from counsel.
Other members – Segun Awosanya (popularly known as Segalink), Oluwatoyin Odusanya (Director, Citizens Rights), DIG Taiwo Lakanu (rtd) representing the police and Lucas Koyejo (from the National Human Rights Commission) – agreed with Justice Okuwobi.
No explanation was given for the absence of the four others: Senior Advocate of Nigeria (SAN) Mr Ebun-Olu Adegboruwa and Ms. Patience Udoh representing the Civil Society, Rinu Oduala and Temitope Majekodunmi, representing #EndSARS protesters.
Responding to a request for explanation by #EndSARS protesters’ lawyer Adesina Ogunlana, the judge stated that the panel was in quorum despite their absence.
Ogunlana’s clients and that of another lawyer Adeyinka Olumide-Fusika, SAN, have submitted 10 petitions to the panel alleging that men of the 81 Division of the Nigerian Army shot at and killed several #EndSARS protesters at the toll gate last October 20; a claim the Army denied.
Justice Okuwobi’s decision on the toll plaza followed LCC’s fourth application through its counsel, Rotimi Seriki, for the re-opening of the facility.
Seriki had reminded the panel of its ruling in a previous proceeding that the facility would be handed over to the company upon receipt of a report by a forensic expert hired to comb the plaza for evidence or otherwise of shootings.
The analysts, hired by the panel but paid by the Lagos State Government, examined the facility for 21 days.
Seriki said the plaza needed to be assessed for insurance purposes with a view to reopening for business, adding that it was losing revenue and there was a need to move on from the October 20 incident while the panel continued its work.
His application was opposed by Ogunlana on the ground, among others, that petitions relating to the incidents at the plaza on October 20 were yet to be concluded.
He pooh-poohed the argument on loss of revenue, arguing that it was unconscionable for the plaza to be opened over the blood of protesters.
He contended further that the property belongs to Lagosians through their government, adding that the control of the plaza should be under the panel until it concluded its assignment.
But in a bench ruling, Justice Okuwobi noted that all members of the panel had visited the plaza in furtherance of the probe.
“The report is ready as the panel has been satisfied, and there are assurances from the forensic team that it will no longer require any visit to the plaza.
“The panel has decided that it will not await the termination of the petitions before it hands over control of Lekki to LCC…The fact presented on the need to have insurers go and access the LCC facility, assess the damage and renovate and resume its business are considered as one that will not take the toll away and it has always remain in that location until every member of the public have access.”
According to her, “It will be foolhardy for any reasonable petitioner to say the toll plaza be closed for the lifetime of the assignment of the panel. The hearing of the petitions of victims has not been seen to be tied to the closure of the plaza indefinitely. It is unheard off that a crime scene of this nature would be closed…
“All investigation appears to have been concluded. No party has shown evidence of any further need to investigate there. And to say evidence of the witness not yet brought must be awaited before giving the LCC to take over its toll plaza would be obstruction of justice not taken in the best interest of the parties.
“Upon all said, I hereby give an order for LCC to repossess the toll gate…”
Following her decision, the judge emeritus and her team rose to leave only for the absent members of the panel, led by Adegboruwa, to walk into the room, taking their seats and trying to deliver their dissenting ruling.
But they were vigorously opposed, first by LCC lawyer, Mr Rotimi Seriki, and subsequently by Lagos State Counsel, Mr Olukayode Enitan, following which a shouting match ensued.
Seriki and Enitan protested that Adegboruwa had no locus to deliver his ruling on the grounds that as a party to a suit filed against the Lagos State Government on the toll gate plaza in the past, he was an interested party on the panel and needed to recuse himself.
Seriki threatened to make the processes available to the press and the commotion in the room prevented the dissenters from reading their rulings.
Adegboruwa distributed his ruling to journalists in the hall.
Following appeals for calm by Ms Udoh, she and the Youth Reps were allowed to deliver their rulings, objecting to the majority decision.
Earlier, Justice Okuwobi condemned any alleged attempt on the life or wellbeing of any witness or petitioner at the panel.
This followed Ogunlana’s claim that two of his witnesses were being trailed by “men in hoods.”