The Independent Investigation Panel on allegations of Human Rights Violations by SARS and other units of the Police Force, on Thursday, ordered the Nigerian Police to release the body of late Moses Mfe to his family for burial.
Dr. Garba Tetengi (SAN) who made this order while presiding over the 11-Member panel on behalf of the Chairman, Justice Suleiman Galadima (rtd) agreed with complainants’ counsel N.T. Utsaha that since the Police have informed the panel about the death of Moses Mfe, the proper thing will be for the panel to order the release of his corpse to his family.
In another case, Counsel to the police, Mr. Fidelis Ogwobe, in an oral submission before the panel disclosed that there is no medical report or any other document to substantiate that Mr. Francis ogbaji was subjected to gross human rights violation by the police as alleged.
The counsel accordingly made an oral application to the panel for the release of Mfe’s corpse and it was granted.
Besides, Utsaha told the panel that there is a need to investigate the circumstances of the death of Moses Mfe in the interest of justice.
Prior to the above, Utsaha told the panel that it appears that the police are not interested in continuing with the matter even when it is necessary to unravel the truth about the matter.
He recalled that the order of the panel that Tersoo Toona who the Police alleged was an armed robber with the late Mfe should be taken to Makurdi, Benue state for trial was carried out.
He further informed the jurists that the order for arraignment was obeyed by the Police and that the suspect was granted bail and was subsequently released from prison pending trial.
It will be recalled that the panel had in November 2020 ordered the police to arraign Raphael Tersoo Toona before a competent court of jurisdiction in Benue State on or before December 23, 2020.
Two suspects: Raphael Tersoo Toona and Moses Mfe, had through their Counsel, Utsaha, petitioned the panel, alleging arbitrary arrest and detention as well as cruel, inhuman and degrading treatment.
They joined one Inspector Vincent Makinde of the Inspector-General of Police Intelligence Response Team; Commander, IGP-IRT, FCT Commissioner of Police; and IGP in the suit.
The Panel Chairman made the order for Toona’s arraignment, following Utsaha’s application for either his conditional or unconditional release on bail, pending the hearing of the petition.
The case was adjourned for report of the panel.
In the case of alleged arbitrary detention, torture, cruel, inhuman and degrading treatment, before the panel, Mr. Ogwobe said, “The petitioner has failed woefully to prove allegation of torture cruel inhuman and degrading treatment against him by the respondent (police) in the petition”.
He said there is no evidence from the petitioner, to support the allegation before the panel that the police starved, tortured and handcuffed his wrists, resulting to injuries on his wrists, and his subsequent unlawful detention for 35 days on the order ACP Mantu of State Criminal Investigation Department( SCID) FCT.
The police counsel buttressed this point by relying on the Evidence Act of 2011 that regulates the admissibility, relevance and other processes relating to the use of evidences in a legal proceeding.
Citing section 131 and 133 of Evidence Act which provides that the burden and standard of proof in any proceedings lies on anyone who desires judgement on any legal right, the person should presents facts and must prove that those facts exist beyond reasonable doubt, this he (Ogwobe) stated are lacking in the petioner’s submission
Ogwobe disclosed to the 11 man panel that Ogbaji was arrested by the police for the offence of armed robbery and under Section 1(2b) of the Robbery &Firearms Special Provision describes armed robbery as a capital offence.
Continuing his oral address, Ogwobe stated that Section 35(7) of the Constitution of the Federal Republic of Nigeria 1999 provides that any offence that falls under capital offence, the suspect will not enjoy the right of being held in detention beyond 48 hours maximum, before being charged to court.
From the foregoing the allegation that he was detained for 35 days does not substantiate the breach of his right. Ogwobe concluded by urging the panel to dismiss the petition.
The Counsel to the Petitioner, Duhu Nnaemeka in his written address which was dated and filed on 19th November, 2021 and adopted by the panel urged the panel to enforce the fundamental rights of Ogbaji and public apology from the Police
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