The Police Counsel in the case of alleged Arbitrary arrest, detention and enforced disappearance, DCP James Idachaba has asked the complainant, Mrs. John Alozie to go back to the court that passed the Judgment which the police allegedly violated and not to come before a panel.
He stated this before the Independent Investigative Panel on Human Rights Violation by the defunct SARS and other Units of the Nigerian Police force on Wednesday.
Idachaba while reading his written address drew the attention of the panel to the fact that a court of competent jurisdiction sat on the matter and made a decision. He said” it will be abuse of court process for the panel to hear the matter”.
Similarly, the Police on Wednesday, urged the panel to dismiss the allegations brought before the panel by Mrs Remigus Clementina, on behalf of her late father for compensation, on the grounds that it holds no water.
Presenting it’s oral address the police had stated that the claims of N50 million compensation as damages by the petitioner is immaterial because the petitioner failed woefully to prove that the police allegedly meted out cruel inhuman degrading treatment to her father which she claimed led to the death of Pius Ajaegbu (her father).
According to Idachaba in the case of enforced disappearance, when there is a failure to obey court judgements there is a system to follow to ensure such judgments are complied with, adding that the said matter should not be in the hands of the panel hence it has already been taken care of by the court.
“It will be tantamount to reviewing the decision of the court, he added.
He said the panel should refer the complainant back to the court to do the needful for the orders of the court that was not obeyed.
In a previous hearing on the same matter the panel had ordered the case file relating to the matter be produced by the CP legal Mr. Ogbeh Ochogwu either in person or through his officers.
Responding on the issue at hand the lead Idachaba again stated before the panel that at no time did the CP legal own up to being in possession of the case file, stressing that “He cannot bring the file he is not in custody off”.
Narrating further Idachaba said the CP legal was misunderstood, saying at no time did he ever promise to bring the file to the panel, stating that he called for the file from Akwuzu Anambra state which was never brought.
It may be recalled that Mrs. Nnenna Alozie, a petitioner in the matter has testified before the panel that her husband was arrested by SARS operatives in their home in Lekki, Lagos state and he was taken to Akwuzu in Anambra state on June 15 2017, stating that all attempts to see him or know his whereabouts has been unfruitful.
She said the police unlawfully detained her husband for a long time without prosecution before a court of competent jurisdiction.
Mrs .Alozie in her petition before the panel said two vehicle and some documents were carted away from the victim’s house at the time of his arrest.
However Mrs. Alozie told the panel that the police refused to obey 3 consecutive court orders since the arrest of her husband in 2017. The orders made by the courts is to produce Mr. Alozie either dead or alive.
The matter has since been adjourn for report.
Further, in the case of petition of Mrs Remigus Clementina on behalf of her father (Pius Ajaegbu), Fidelis Ogwobe, counsel to police, informed the panel that the burden of proof of facts lies on who asserts and that the petitioner has not been able to prove beyond reasonable doubt, that the police tortured her father to death.
Speaking before Dr Garba Tetengi SAN who presided over the panel, Ogwobe argued that the 80 year old, Pius Ajaegbu died in the care of his family.
“This was evident in the petitioner’s testimony who said her father died in a hospital”, he added.
Ogwobe further emphasized that it was never established before the panel that the deceased died in the custody of the police and most importantly cause of death is unknown because there is no medical report or autopsy before the panel to show the cause of death.
Continuing, Ogwobe stated that from the foregoing, the petitioner has been unable to prove the allegations in the petition against the police, therefore the 50m compensation should be dismissed.
Earlier, counsel to panel, Halilu Adamu,who is assisting the petitioner, while presenting the written address pleaded with the panel to grant compensation for general expenses incurred by Mrs Remigus while treating her father in the hospital and burial expenses after his death.
The matter has been adjourned for panel’s report .
In another development, in a matter of alleged unlawful arrest and detention, and unlawful seizure of property belonging to Michael Uzoagba against the police, the panel had ordered the appearance of one Shunku Terhermber of Bwari Police station.
The order was made through the DPO of Bwari Police Station to produce Shunku Terhermber at the next adjourned date to explain what he knows about the allegations labelled against him in the petition brought before the panel by Micheal Uzoagba.
Earlier, counsel to the petitioner, Maria Ohiobor presented certified true copies of discontinuance of hearing of the same subject matter at the Federal High Court before the panel.
The matter has been adjourned to 20th April,2022 for appearance of Shunku Terhermber.
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