Prime Business Africa EditorialOn Thursday November 16, 2021, the media was astir with the report of the Judicial Panel of Inquiry on Lekki Toll Gate Incident and police brutality, which heavily indicted the Nigerian Army and the Nigerian Police Force (NPF) for shooting and killing of unarmed protesters at the Lekki Toll Gate during the EndSARS protest.
The report of the Lekki incident investigation by the Judicial Panel of Inquiry on Restitution for victims of SARS-related abuses and other matters, which was submitted to the Lagos State Governor, Babajide Sanwo-Olu, was leaked to the public. It would be recalled that the Lagos State governor constituted the panel and appointed The Honourable Justice Doris Okuwobi, a Retired Judge of the Lagos State High Court as Chairperson of the Panel alongside eight members, who were sworn in on October 19 2021. Following the Lekki shooting incident on October 20, 2021, the terms of reference of the Panel was expanded as follows: “The Panel shall ensure speedy inquiry/restitution on SARS activities and Extra Judicial killing of innocent citizens by the dissolved SARS with a view to delivering justice for the victims as well as compensate their families/dependents.”
At the conclusion of evidence of all relevant parties, the Panel made the following key findings among others, that: The Nigerian Army was invited for intervention in the State and was deployed to Lekki Toll Gate on the 20th of October 2020. At the Lekki Toll Gate, where they shot, injured and killed unarmed helpless and defenseless protesters, without provocation or justification, while they were waving the Nigerian Flag and singing the National Anthem and the manner of assault and killing could in context be described as a massacre. The Panel also found that the conduct of the Nigerian Army was exacerbated by its refusal to allow ambulances render medical assistance. The Panel found that the Nigerian Police Force deployed its officers to the Lekki Toll Gate on the night of the 20th October, 2020 and between that night and the morning of the 21st of October, 2020, its officer shot at, assaulted and battered unarmed protesters, which led to injuries and deaths. The police officers also tried to cover up their actions by picking up bullets. The Panel made a total of 32 Recommendations, which included but not limited to:
• Holistic Police Reforms covering welfare, training and proper equipping of Policemen and their working environment; • Sanctioning of the officers of the Nigerian Army and the Nigerian Police Force respectively who participated in shooting, injuring and killing of unarmed protestors at the Lekki Toll Gate on the 20 and 21st of October 2020;
Background/ Events preceding the Report
The Special Anti-Robbery Squad (SARS) was a Nigerian Police Force unit created in late 1992 to deal with crimes associated with robbery, motor vehicle theft, kidnapping, cattle rustling, and firearms. It was part of the Force Criminal Investigation and Intelligence Department (FCIID). The unit, however, has been severely criticized by Nigerian citizens for its mode of operation and has been accused of gross abuse of human rights and utter barbarism. On October 4, 2020, a video went viral of the Special Anti-Robbery Squad (SARS) dragging two men from a hotel in Delta State, Nigeria’s South South region, shooting one of them outside and fleeing in the deceased’ Lexus SUV.
The incident metamorphosed into a nationwide protest calling for the disbandment of the SARS, which would be the fourth time in four years an announcement of the ban of the personnel of the SARS from carrying out routine patrols, stop and search duties, mounting of roadblocks, traffic checks would be made. On October 20, 2020, the protest was violently repressed by the Nigerian Army killing several unarmed protesters, who waved the Nigerian flag and sang her anthem. Till date, the government and the army deny this allegation.
Denial (The Nigerian Army, NPF and Nigerian Government)
Nigeria’s Minister of Information Lai Mohammed had consistently denied the facts of the Lekki shooting. The minister had on many occasions, described the reports by eye witnesses on social media as false and misleading. On November 19 2020, the Minister said Obianuju Catherine Udeh, popularly known as DJ Switch, who did a live stream, on Instagram, the Lekki shootings of October 20 will soon be exposed for spreading falsehood. The Nigerian Army equally denied the deployment of soldiers to the Lekki Toll Gate contrary to evidence that showed uniformed soldiers shooting at protesters at the scene. Via its Facebook handle, the Nigerian Army labeled the news about soldiers who opened fire at the Toll Gate as fake, stating that “no soldier was at the scene.”
The narrative, however, took a different turn shortly after the stark denial when the military spokesperson Major Osoba Olaniyi admitted that soldiers were sent to enforce a curfew by the Lagos State government, but did not shoot at the protesters. According to him, “At no time did soldiers of the Nigerian army open fire on any civilian.” Governor of Lagos State Babajide Sanwo-Olu had, on his own part, accused “forces beyond his control” of the incident. Meanwhile, the Attorney-General of the Federation Abubakar Malami told journalists in Abuja on Monday November 2, 2021 that investigation was underway to ascertain what truly happened at the Lekki tollgate. According to Reuters, Malami said it was “pre-emptive” to conclude that there had even been shootings, adding that “hoodlums” may have been hired to create a scene.
Evidence and Condemnations by the International Community
Nigerians and witnesses at the Lekki Toll Gate on the night of the incident have continued to prove that there was indeed, a massacre. In a live Instagram video, DJ Switch captured the event showing clearly, wounded protesters at the scene. Amnesty International in its investigative report published on October 25, 2020 said it had tracked army vehicles from their Lagos barracks to Lekki Toll Gate using photographs and verified videos of the soldiers’ movements that had been posted on social media. According to Osai Ojigho, Amnesty’s country director for Nigeria, “What happened at Lekki Toll Gate has all the traits of the Nigerian authorities’ pattern of a cover-up whenever their defence and security forces commit unlawful killings.” The organisation estimates that 56 people have died across the country since the protest began.
Former Nigerian Senate president Bukola Saraki condemned the actions of the government in explicit terms and urged the President to call the officers to order. “I have watched with horror the use of force against the Lekki #EndSARS protesters. My heart bleeds for the country. It is sad and disheartening that this is happening. These are peaceful youths protesting to express legitimate concerns.
It is unacceptable for any Government to turn its weapons on its own young people. What has happened in Lekki tonight is nothing but a massacre.” Ex-U.S. Secretary of State, Hilary Clinton took to Twitter to call the Nigerian government to order. She wrote: “I’m calling on @mbuhari and the @hqnigerianarmy to stop killing young #EndSARS protesters. #StopNigeriaGovernment.”
Deputy Secretary-general of the UN Amina Mohammed in her tweet, said “@UN & I are following the protests in #Nigeria calling for an end to human rights violations. I join the #UNSG in stressing the importance of respect for peaceful protests & freedom of assembly & call on the security forces to exercise maximum restraint.
Moving Forward
Despite the overwhelmingly positive response which accompanied the report of the Judicial Panel, some officials have vocally condemned the manner in which the report was leaked to the general public. Nigerian Chief of Defence Staff (CDS) Lucky Irabor said “I am sure those of you in the media must have seen a report that was released through, in my view, a wrong channel, that is making the rounds in the social media. “Whether it is a true report, I can’t tell. But I’d like to indicate that the normal procedure is to have such a report submitted to the convening authority. And then, there will be a White Paper that will be presented, based on which one can make informed comments” he said.
But the reality is that the report has found its way into the public domain and there is indeed nothing that can be done to wrest it from the hands and minds of the public. In fact, making reference to the truth or otherwise of what is in the public domain is an insult to the public especially to those who lost loved ones. If anything, it is a fallacious propaganda meant to bring a debate into what is a clear indictment of the army and their cohorts.
In addition, the CDS seems to have forgotten that unless the Lagos state government intends to manipulate the report, following a due process and the presentation of the White Paper would ultimately yield the same result. But the truth is out and all stakeholders must come to terms with it. Now that it is crystal clear that there was indeed a massacre, will Lai Mohammed continue to vow that those spreading falsehood will soon be exposed? Ironically, the arrow now points in the opposite direction to those who indeed have spread falsehood.
Now that the truth is out, does Malami still believe that it was “pre-emptive” to conclude that there had even been shootings?” In a truly democratic society, all government officials who have subtly and overtly denied the Lekki shootings, should not only render a public apology to the nation and particularly to the victims of the incident, but must also resign! The Lekki shooting was a clear indication of extrajudicial killing and perpetrators must be duly prosecuted.
In 2019, the Nigerian Police amended an order on the use of firearms to bring the rules more into line with international law. However, the revised Order 237 still allows violent assemblies to be dispersed using firearms which is not permissible under the international law. The constitution must, therefore, be amended to conform to international standards. The recommendations of the Judicial Panel must not remain paperwork, but must be swiftly implemented in reparations and restitution. The significance of the event must not be lost on the citizens through negligence. We say that Federal Government’s silence at this point is certainly not golden!
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