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Political Violence: Judicial Commission Is Illegal

April 21, 2011

The decision of the Federal Government to set up a Judicial Commission to investigate the violent protests which greeted the announcement of the results of the presidential election in some northern states is diversionary, illegal and uncalled for.

The decision of the Federal Government to set up a Judicial Commission to investigate the violent protests which greeted the announcement of the results of the presidential election in some northern states is diversionary, illegal and uncalled for.

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Since several persons have been arrested by the Police for their alleged involvement in the violent protests they should be charged to court once the investigation of the allegations of arson, willful and malicious damage to property, culpable homicide etc leveled against them has been concluded.

In spite of the very many judicial and administrative commissions of inquiry which probed similar ethno-religious and socio-political crises in the last 12 years our people have known no peace. While I agree with President Goodluck Jonathan that “enough is enough” the Federal Government must proceed to address the increasing wave of poverty of the masses of our people in the midst of the unprecedented prodigality of political office holders drawn from all the ruling political parties in Nigeria.

This is the time to implement the provisions of the Child’s Rights Act and the Universal Basic Education Act which have made education free and compulsory from primary to junior secondary school for every Nigerian child. In other words, the Federal and State Governments should remove from the streets children who are forced to beg and hawk all manners of goods and put them in schools without any further delay.

With respect to the move to set up a Judicial Commission of inquiry it is germane to draw the attention of the Federal Government to the case of FAWEHINMI V BABANGIDA (2003) 12 WRN 1 where the Supreme Court held that the power of the President to set up a judicial Commission under the Tribunal of Inquiry Act is strictly limited to the Federal Capital Territory. Since the President lacks the vires to set up a Judicial Commission to investigate the political violence in Kano, Kaduna, Bauchi, Taraba, Zamfara etc the Federal Government should ensure the diligent prosecution of all persons who have been arrested in connection with the violent protests.



FEMI FALANA
 

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Politics