The panel was inaugurated on October 19, 2020, to look into complaints of citizens against human rights abuses by the police.
The Lagos State Judicial Panel on #EndSARS has revealed the names of nine peaceful protesters who were shot dead by the Nigerian Army at the Lekki Tollgate last year.
The panel was inaugurated on October 19, 2020, to look into complaints of citizens against human rights abuses by the police.
Following the incident at the Lekki Toll Gate on October 20, 2020, the Terms of Reference of the panel was expanded to cover that incident.
The panel sat for well over one year and took testimonies of petitioners, witnesses, experts and lawyers.
In its report obtained by SaharaReporters on Monday, the panel listed names of nine people (all male) who were shot dead at the scene of the protest last year.
Their names are; Victor Sunday Ibanga; Abuta Solomon; Jide; Olalekan Abideen Ashafa; Olamilekan Ajasa; Kolade Salami; Folorunsho Olabisi; Kenechukwu Ugoh and Nathaniel Solomon.
Four others: Abiodun Adesanya; Ifeanyi Nicholas Eji; Tola and Wisdom were missing and presumed dead.
The report noted that 39 other persons either sustained gunshot injuries, were assaulted or were victims of the stampede that occurred following the military invasion.
The panel further noted, “The atrocious maiming and killing of unarmed, helpless and unresisting protesters, while sitting on the floor and waving their Nigerian flags, while singing the National Anthem can be equated to a ‘massacre’ in context.
“A massacre has been defined as the killing of multiple individuals, which is considered to be morally unacceptable especially when perpetrated by political actors against defenceless victims.”—Wikipedia
“The Panel considered whether what took place at the Lekki Toll Gate on the 20th October 2020 was a MASSACRE. According to the learned authors of Merriam-Webster Online Dictionary, one of the meanings of MASSACRE is ‘the act or instance of killing a number of usually helpless or unresisting human beings under circumstances of atrocity or cruelty.’
“Against the above ‘contextual’ definitions, the Panel considered the following evidence before it: The EndSARS protesters at the Lekki Toll Gate were defenceless members of the civil populace, youth and young adults;
“Both the Lagos State Government and indeed the Federal Government were well aware of their status, objectives and the nature of their protest;
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“The presence of protesters at the Lekki Toll Gate did not threaten the territorial integrity of Nigeria and could not be considered as a civil insurrection to warrant the intervention of the Nigerian Army; some top officials of the Lagos State Government met with the youths at the Lekki Toll Gate around 12-1 pm of October 20, 2020, seeking selected representatives to discuss an urgent matter with them with a view to persuading them to leave the Lekki Toll Gate; Officers and soldiers of 65 Batallion of the Nigerian Army, led by Lt. Col Bello, left their base with blank and live ammunitions to confront and disperse youths holding only their national flags, with live bullets;
”The soldiers actually shot blank and live bullets directly and pointedly into the midst of the protesters at the Lekki Toll Gate, with the deliberate intention to assault, maim and kill;
“The soldiers turned back ambulances that were invited to render first aid and assistance to the wounded protesters.”
The panel further found, “From the evidence of General A.I.Taiwo (Commander, 81 Military Intelligence Brigade, Nigerian Army, Victoria Island, Lagos) on pages 6, 7, 21, 22, the Panel finds that both blank and live bullets were fired by the Nigerian Army at the Lekki Toll Gate on October 20, 2020, for the following reasons:
“Apart from the military men in uniform, the Army left its base with vehicles, rifles and guns, which contained both live and blank bullets. General Taiwo admitted at page 22 that the Army went to the Lekki Toll Gate with live ammunition.
“As of October 30, 2020, when the Panel visited the Lekki Toll Gate for its on the spot assessment, it was still able to recover two bullets shells which were duly analyzed by the forensic expert hired by the Panel, Sentinel, who is very familiar with weapons used by the Nigerian Army. These bullet shells were said to be the same as or similar to the ones normally used by the Nigerian Army and they were expended shells, meaning they were fired live at the Lekki Toll Gate.
“Petitioners and witnesses appeared before the Panel to give vivid accounts of shootings by the Army into the crowd of protesters. The Panel finds their testimonies credible being eyewitness accounts and would ascribe probative value to their testimony over that of General Taiwo who was not physically present at the Lekki Toll Gate.
“The Panel finds as credible, the case of the EndSARS protesters that soldiers shot directly at protesters at the Lekki Toll Gate on October 20, 2020 as confirmed by Lagos State Ballistic Expert, Willie-Harry on page 244 that some video evidence indicate “… instances where troops were seen to be re-arming their weapons before either discharging them to the air or purposely in the direction of the protesters ...”
“The Panel believes that the deliberate absence of officers of the Nigerian Army who were present at the Lekki Toll Gate and who were summoned by the Panel was a calculated attempt to conceal material evidence from the Panel and verily believes that their presence would have damaged the case of the Nigerian Army.
“The Panel finds the evidence, presentation and report of the Ballistic Expert engaged by Lagos State as too general and unrelated to the specific evidence before the Panel on the Lekki Toll Gate Incident. The said report was based largely on extraneous materials that were not produced or tendered before the Panel in order to determine their source or relevance.
“The witness admitted that he did not work with any document or video admitted before the Panel, he did not speak with any of the protesters or petitioners, the doctors or the pathologists or indeed any other relevant witness known to the Panel.”
On injuries from Lekki Tollgate, the Panel “finds that the testimony of Dr Babajide Lawson of Reddington Hospital as to the nature of treatment offered victims of the Lekki Toll Gate Incident in relation to gunshot wounds which were high velocity ‘entry and exit’, all indicate injuries from military weapons, consistent with the bullet shells recovered by the Panel during its visit and the witnesses that testified before the Panel”.
It also “finds corroboration of the case of gunshot wounds in the testimony of Dr. Aromolate Ayobami of Grandville Trauma Centre, where several victims of gunshot wounds were treated comprehensively and discharged.
“The testimony of the EndSARS protesters, especially Miss Serah Ibrahim, Mr. Onileowo Legend, Miss Dabira Ayuku, Miss Kamsichukwu (all of whom were personally present at the Lekki Toll Gate on October 20), as to the fact that the Army shot live bullets, video evidence of casualties, fatalities, etc, all lend credence to the fact that the Army shot at the protesters at the Lekki Toll Gate on October 20 2020 which resulted into deaths and other physical injuries.”
“The Panel also found that the conduct of the Nigerian Army was exacerbated by its refusal to allow ambulances render medical assistance to victims who required such assistance. The Army was also found not to have adhered to its own Rules of Engagement.
“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 found that LCC hampered the panel's investigation by refusing to turn over some useful and vital information/evidence as requested by the Panel and the Forensic Expert engaged by the panel, even where such information and evidence was by the company's admission, available. It manipulated the incomplete CCTV Video footage of the Lekki Toll Gate on the night of the 20th of October 2020, which it tendered before the Panel.
“The Panel found that there was an invitation of the Nigerian Army to Lagos State made by the Lagos State Government through the Governor before the hierarchy of the Nigerian Army deployed its soldiers to the Lekki Toll Gate on the night of the 20th of October.
“The Panel found that there was an attempt to cover up the Incident of the 20th of October by the cleaning of the Lekki Toll Gate and the failure to preserve the scene ahead of potential investigations.”