When the Federal Government recently announced its plan to institute a commission of inquiry to investigate the post election violence, which occurred in some states in the northern part of the Country, I challenged the legal competence of the proposed panel.
When the Federal Government recently announced its plan to institute a commission of inquiry to investigate the post election violence, which occurred in some states in the northern part of the Country, I challenged the legal competence of the proposed panel.
googletag.cmd.push(function() { googletag.display('content1'); });
In the circumstance, I urged President Goodluck Jonathan to ensure the diligent prosecution of all the suspects who had been arrested by the Police and other security agencies for their alleged involvement in the civil disturbances.
My position was anchored on the case of CHIEF GANI FAWEHINMI V. GENERAL IBRAHIM BABAGINDA (RTD) (2003) 12 WRN 1 where the Supreme Court set aside the summons issued and served on General Babaginda and two ex security Chiefs by the Oputa Panel of inquiry on the ground that the tribunal of Inquiry Act could not operate outside the Federal Capital Territory. The apex court held ex abundant cautela that:
“ It worthy of note that the 1999 constitution has made no provision for tribunals of inquiry as was very clear in item 39 of the exclusive legislative list and item 25 of the concurrent list in the 1963 Constitution…. the power to make a law under the Constitution for the establishment of a tribunal of inquiry is now a residual power which only the states can exercise”.
Having realized that witnesses cannot be summoned to give evidence before the panel, the Federal Government has directed commissioners of police and other security personnel to comply with the summons issued by the panel.
Since the President lacks the vires to set up a panel of inquiry to investigate civil disturbances which occur outside the Federal Capital Territory, the Sheikh Ahmed Lemu Panel should be dissolved forthwith as it is incompetent to probe the post election violence which occurred in Bauchi, Borno, Kaduna, Niger, Taraba etc.
However the Panel may be given a fresh mandate to assist the Federal Government to determine the quantum of compensation payable to those who lost their assets and the bereaved families of those whom were brutally murdered. The President may also wish to direct the Attorney General of the Federation to liaise with the respective state attorneys –general with a view to ensuring that all suspects are prosecuted without any further delay.
FEMI FALANA
googletag.cmd.push(function() { googletag.display('comments'); });
googletag.cmd.push(function() { googletag.display('content2'); });