#EndSars: Setting Up Judicial Panel Of Inquiry Is The Responsibility Of FG, Not States — Ex-NHRC Chair, Prof. Odinkalu

A human rights lawyer and former Chairman of Nigeria’s National Human Rights Commission (NHRC), Prof Chidi Odinkalu, has said that the responsibility for setting up of Judicial Panel of Inquiry against the activities of the disbanded Special Anti-Robbery Squad (SARS) and police brutality lies with the federal government, not state governments

The Ex NHRC boss disclosed this during an interview with THE SUN. He said police is an agency of the Federal Government and outsourcing its responsibility of setting up the panel to states is suspicious

“It is always suspicious when the Federal Government outsources its constitutional role to the states. Police is a federal institution under the constitution and its malfeasances are the responsibility of the Federal Government.

“The atrocities of the SARS are for the Federal Government to fix. Now, they are asking the state governors to set up these judicial commissions in inquiry.” he said

He added that “The problem is that the inquiries will report to the state governors that set them up not to the president, who has control of the police. Their White Papers will be issued by the state governments, not by the Federal Government.”

Therefore, according to Odinkalu, the federal government will not be bound by the recommendations of the state panels and the recommendations will be frustrated.

He said, “The recommendations of these inquiry bodies will not bind the Federal Government. Any police officers found errant would easily get transferred out of the state making the recommendation and so the recommendations will be frustrated.”

Furthermore, Odinkalu said federal government has been relying on the decision of the Supreme Court in a case between Ibrahim Babangida and Oputa Commission in 2001 in refusing to set up panel on police brutality. To him, such is not an excuse because even after the decision, FG have set up several judicial panels of inquiry including the current one headed by Justice Ayo Salami against the former Acting Chairman of EFCC.

He said FG also has the option of setting up a panel of inquiry in line with section 6(1) of NHRC Act.

He said, “The explanation of the Federal Government is that they have been precluded by the decision of the Supreme Court in the case involving former military president, Gen. Ibrahim Babangida and the Oputa Commission in 2001, from being involved in setting up judicial commissions of inquiry except in Abuja.

“Two things should be said about that. First, despite that decision, the Federal Government has set up a lot of panels since then, including the Danmadami, MD Yusuf, Parry Osayande Presidential Commissions on Police Reform; the Uwais Panel on Electoral Reform; the Sheikh Lemu Panel on Post-Election Violence; the Galtimari Panel on Boko Haram; the Turaki Panel on Insecurity, etc.

“Even now, the former President of the Court of Appeal heads a panel to investigate the former chair of the Economic and Financial Crimes Commission (EFCC).

“So, when it wants to, the Federal Government finds ways to use panels for its work. Second, there is a power of inquiry under section 6(1) of the National Human Rights Commission Act, but the President has refused to exercise his power to appoint a Governing Council for the Commission since the last one ended in 2015.”

The Ex-NHRC boss also flayed the Lagos State government for adding the Lekki Toll Gate Massacre to the terms of reference of the state’s panel even when the Massacre was done by the military, not police.

“Then you have now this matter of the oath of secrecy subscribed to by the members swearing to the authority of the state governor instead of the Oath Act. It’s all rather dubious in my view but the members are adults and I cannot prescribe for them. Most of them are known to me and some of them are my friends. I wish them well.”