Legally, Lagos Gov. Akinwunmi Ambode is obligated to implement the #EndSARS Panel's recommendations—Falana, a lawyer.

 

Legally, Lagos Gov. Akinwunmi Ambode is obligated to implement the #EndSARS Panel's recommendations—Falana, a lawyer.

Lai Mohammed, the Nigerian Minister of Information and Culture, has called for the rejection of the findings of the Lagos Judicial Commission by the Governor of Lagos, Babajide Sanwo-Olu, a Senior Advocate of Nigeria (SAN).

Lagos State's Panel of Enquiry was lawfully created by the Lagos State Government, and the Nigerian government does not have the legal authority to reject the panel's findings.

During a meeting with the Committee for the Defense of Human Rights (CDHR) leaders in Lagos on Thursday, November, Falana made this clear in his speech. The report, summary of evidence, and conclusions of the Judicial Commission, led by Justice Doris Okuwobi, cannot be rejected by the Governor.

There is no provision in the law for the issuance of a White Paper, and critics are certainly unaware of this fact. White Paper is merely an administrative medium for conveying the Government's decision or position on the report of an administrative or judicial inquiry.

Part of the statement goes like this: "Minister of Information and Culture Lai Mohammed's purported rejection of the Commission's report, and the White Paper Committee's pressure from some anti-democratic forces to advise the Governor to discard the Commission's findings and recommendations are not new developments to us.

"Critics like these are probably unaware that the law does not allow for the publication of a White Paper. Alternatively, a White Paper is only an administrative vehicle for transmitting the Government's conclusion or position on the findings of an Administrative or Judicial Enquiry, as stated in the White Paper.

"It is therefore ineligible to edit or alter the Commission's findings since the White Committee's members are not recognized by law as qualified to do so. White Paper Committee members were unable to question witnesses who had already testified in front of the Commission.

"Following the word and spirit of the Tribunal of Enquiry Law, a Panel of Enquiry validly formed by Lagos State Government cannot be rejected by the Federal Government.

"Because of this, Governor Sanwo-Olu should not hesitate to reject Mr. Lai Mohammed's gratuitous call for the rejection of the Lagos Judicial Commission's report.

"Fawehinmi v Babangida, in which the Supreme Court held that the President's power to set an Enquiry Tribunal is only applicable to the Federal Capital Territory, may be of interest to the Minister, as the National Assembly is not able to enact a general law for the establishment of tribunals of inquiry for, and applicable in Nigeria.

"With all due respect, the Okuwobi Judicial Commission's report, summary of evidence, and findings cannot be rejected by the Governor. As a result of section 15(2) of the Law, the Governor is only allowed to'make any order in relation to any property or other matter dealt with in this report; and such order when made may be delivered to any High Court (which order the Registrar is empowered and required to receive without payment of fee) and when so delivered the order will have effect as a judgment of that High Court and may be enforced accordingly, but will not be revisable'.

"This is what happened in Williams v Dawodu, in which an order may be revoked in accordance with findings of a Judicial Commission. If a White Paper on the recommendations is produced by the Governor, institutions and persons indicted by the Commission may seek to contest any portion of the report before the High Court.

"To be enforceable, the Judicial Commission's recommendations may be delivered to the High Court Registrar, who is empowered and required to receive and register without payment of fee, and when so delivered, the order will have the same effect as a judgment of that High Court.'

"Legal action can be taken against any institution or individual who is unsatisfied with any portion of the Commission's report once the order has been registered by a Registrar of Companies. There had been an interim order of injunction against the Judicial Commission of Enquiry set up to investigate the cold murder of Dawodu brothers in Lagos during a riot given by the Lagos State High Court in Williams vs Dawodu (above). On this basis, an injunction was issued against those accused of murdering a man.

"However, the Court of Appeal found the injunctive relief to be a waste of time. Akpata JCA (as he then was and in his blessed memory) stated that the Court's position was consistent with that of the Court "It is possible that reparation by the State government may alleviate the families' pain or sense of loss, if the tribunal determines the extent of damage or loss suffered by them. An investigation may also help to avert similar civil unrest in the future.

As a moral and legal matter, I believe that preventing the State government from fulfilling its duties to the broad population of this state is wrong. The merchants of death who have asked the Governor to reject the Commission's findings despite the unquestionable proof that 99 people were killed in Lagos by security personnel during the #endsars protests should not be able to blackmail him.

"Okuwobi Judicial Commission has recommended a number of steps to "assuage the suffering or loss" of those who were subjected to cruelty by police and military personnel, as well as those who have lost loved ones. The Okuwobi Judicial Commission, on the orders of Governor Sanwo-Olu, has awarded N409 million in recompense to other victims of police brutality in Lagos State.

"Consequently, Governor Sanwoolu is legally bound to follow the Commission's remaining recommendations. ” The National Economic Council's instruction to "quickly forward copies of final reports of the panels to their Attorneys-General for prompt arraignment and prosecution of all accused persons" is equally binding on the Governor on moral grounds, according to the statement.

Source: Sahara reporters

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