Lagos State Judicial Panel On Restitution for Victims of SARS Related Abuses and other Matters continued it’s sitting today 11th December, 2020 in Lagos with a petitioner Felix Lucky alledging that a police officer by name Sergeant John Dagbo shot his brother Paul Lucky and followed up by using a cutlass to matchet him to death on 20th October, 2020 at Jakande estate, Ilasan, Lekki.

According to Felix Lucky the petitioner, his younger brother Paul Lucky was a driver and private security guard in the estate. While being led in testimony by his counsel, Felix Lucky recounted how his brother Paul, came to his house on the 26th of April, 2020 with neck wounds around his throat which he claimed was inflicted by one Sergeant John Dagbo of Ilasan police station on the 25th of April, 2020.

In the words of Paul Lucky as narrated by his brother Felix Lucky, Paul, while on night security duty in the estate, he saw a man pushing an okada and not knowing who it was, he pointed his torch light at him only to discover that it was Sergeant John Dagbo who was in mufti, the Sergeant grabbed him by the throat for having the effontery to point his torchlight at him and in the process manhandled him, tore his clothes and seized his torch light and cutlass.

As a result of the incident, Felix Lucky claimed he went to the Jakande police station, Ilasan to see Sergeant John Dagbo and asked what was the issue between him and Paul Lucky. But in his words, Sergeant John Dagbo told him that “One day, I will kill your brother”. All entreaties by Felix Lucky to pacify Sergeant John Dagbo that Paul Lucky is a small boy and junior to the Sergeant were rebuffed. Thereafter, Sergeant John Dagbo gave him the torchlight but kept the cutlass which he didn’t return.

According to Felix Lucky, on the 20th October, 2020 while in his house in Jakande estate, Ilasan, Lekki, a friend by name Evans ran to him and narrated how Sergeant John Dagbo shot his younger brother Paul Lucky along the street. On rushing to the street, he said, he met a large crowd which held him down and told him that his younger brother Paul Lucky had been shot and his corpse dragged to the station. His source told him that after being shot, his brother didn’t die immediately, so he should go and try to rescue him at the police station.

Unfortunately, he went to the police station with the CDA chairman and some members, but couldn’t access the Jakande estate police station, Ilasan because the road was barricaded by the police who in his words were shooting indiscriminately and people had to run for dear life. He claimed not to have been allowed to access the corpse of his late brother for burial till date.

A photograph of the missing Paul Lucky and his Driver’s license was tendered and admitted as exhibit by the panel.

When asked what was his demand from the panel, Felix Lucky demanded that Sergeant John Dagbo produce Paul Lucky corpse so that the family can give him a befitting burial and compensation as determined by the panel to the family.

Under cross-examination by the respondent counsel, Felix Lucky mentioned the names of the CDA chairman and members who accompanied him to the station but couldn’t access it. He said because he was denied access to the station, he was denied the opportunity to lodge an official complaint of the incident. He also mentioned the names of some of the eye witness who witnessed the crime.

Thereafter, the respondent counsel requested the panel to summon the CDA chairman and members as well as the eye witnesses mentioned, but the petitioner counsel countered that the CDA chairman and members as well as the eye witnesses have all been listed as witness in the petition.

The panel chairman, then adjourned the matter to 6th January, 2021 for further hearing.

In one of the petition of the day, involving Okoliagwu Abunike vs Federal Special Anti Robbery Squad (SARS), after announcing appearance, the lead counsel of the respondent which is the Nigeria police force Cyril Ejiofor by name, told the panel that the petitioner counsel is absent due to a case at the court of appeal and he also informed the panel that he has just been served some documents early this morning, which will require time to study, he thereafter requested for an adjustment of the matter. The panel chairman Justice Doris Okuwobi (Rtd.) based on the absence of the petitioner counsel on the ground mentioned above, thereafter adjourned the matter to 18th December, 2020.

In the another matter of the day, which was the continuation of the cross examination of the Managing Director of Lekki Concession Company (LCC), counsels for all the parties announced their appearances after the MD of LCC took his position in the dock. Mr. Adeshina Ogunlana, counsel of EndSARS movement and some specific victims of the EndSARS whom he mentioned specifically such as Nicholas Anthony, Samuel Isah, James Akhigbe, Dabira Oluwa, Victoria Ahimelu, Damilola Adedayo & ors.

He thereafter proceeded to cross-examine the MD of LCC about whether the CCTV camera at the Lekki tollgate was automatic or manually operated. The MD of LCC responded that due to the imposition of curfew announced on the 20th October, 2020, the CCTV camera worked automatically till it stopped working around 8pm due to the absence of staff on ground who were directed to leave the tollgate plaza in compliance with the imposition of the curfew.

Mr. Ogunlana then asked for the video footage of 20th October which is in the custody of the judicial panel to be played which was obliged, with specific mention of time ranging between 12.00am – 01.00am, 03.32am, 04.27am, 13.56pm, 19.01-25pm, 16.19pm, 16.17pm and 16.20pm, etc.

He alledged that the CCTV camera might have been manually controlled as against the submission of Mr. Omomuwasan MD of LCC because of the lack of consistency in it’s viewing focus.

Mr. Omomuwasan then explained that the inconsistencies noted in the video footage was due to the absence of staff on ground who had to leave their beat in order to comply with the imposition of the curfew, that if the staff were on ground, they would have noted the abnormally and made necessary corrections.

According to Mr. Omomuwasan the MD of LCC, a system can misbehave but it needs a human effort to correct. He claimed that LCC equipments were removed from the Lekki tollgate plaza to avert pilfering.

When asked about the workings of the CCTV camera, he said the camera was placed far above the booth and because of its height and focus, it cannot see what is in the booth.

Mr. Adeshina Ogunlana claimed that LCC employed private local security guards, which Mr. Omomuwasan MD of LCC denied, but Mr. Ogunlana claimed that the Governor of Lagos State made allusion to that in a broadcast aired on Arise TV immediately after the incident. He then produced a video clip of the broadcast.

But the LCC and Lagos State government counsel objected to the immediate playing of the footage because according to them, they have not been served and that Mr Adeshina Ogunlana is employing ambush tactics.

They requested to be given a copy of the video clip for them to study and be properly abreast before coming to the panel. The panel thereafter stood down the matter for later in the day to enable respondent counsel study the video clip.

On resumption, the video clip was played and the MD of LCC and the counsel of LCC were able to establish that Mr. Adeshina Ogunlana erred in his submission of LCC employing private security guards as erroneously ascribed to the Lagos State Governor.

According to Mr Omomuwasan MD of LCC, LCC has 3 security cameras at three locations, namely Tollgate plaza 1 around Orientals hotels, Tollgate plaza II around Chevron and Tollgate plaza III at Lekki Ikoyi bridge.

Mr. Omomuwasan explained and mentioned the names of LCC insurers when pressed by the EndSARS movement counsel Mr. Adeshina Ogunlana to know if LCC was insured of which he responded in the affirmative.

Under cross examination by another EndSARS counsel Mr. Olumide Fusika (SAN) who wanted to know what happened to electricity at the Lekki tollgate plaza on the 20th of October, 2020, the MD explained that he didn’t know since he wasn’t present there. He went further to explain that the tollgate plaza make use of 3 sources of power, namely IPP, generator and UPS.

He explained that the power outage on the said night could have been as a result of power outage from the public source and which could not be backed up by the generator since no staff was on ground due to the memo from his office to his staff to comply with the imposed curfew.

LCC counsel Mr. Rotimi Seriki made an oral application for LCC to take over the possession of the Lekki tollgate plaza, but he was opposed by Mr. Adeshina Ogunlana who claimed that he has been unable to access the tollgate plaza for forensic examination as granted by the panel due to the presence of police men.

Justice Doris Okuwobi (Rtd.) the panel chairman however granted another 14 days extension to allow for a forensic examination of the tollgate plaza by the endSARS counsel and his team, while also stating the interest of the panel to conduct its own independent forensic examination.

Consequently, the panel adjourned further steps on LCC to 5th January 2021 and granted the application for the discharge of Mr. Omomuwasan MD of LCC who can be called upon if the need arises.

In the petition of Adeyemo Rotimi vs Federal Special Anti Robbery Squad (SARS) of which the cross-examination continued.

The petitioner under cross-examination narrated the incident of 28th of November, 2018 of the murder of her husband, a LASTMA official at Iyana Ipaja roundabout. She said she was in her house when some family members came to her around 10pm to inform her of the incident which happened around 6pm.

She confirmed that CSP Peter Gana came to her house on a condolence visit and that Lagos State government paid N10million as compensation to her. She denied receiving any compensation from the Nigeria police.

The respondent counsel told her that the police who shot and killed her husband was lynched by the mob, of which she claimed ignorance of.

Mrs Adeyemo Rotimi said, she didn’t make a formal complaint because the story of the incident attracted wide publicity in the media.

The respondent counsel requested for an adjournment to enable the panel to summon CSP Peter Gana to come and say what he knew about the matter.

The matter was subsequently adjourned to 5th of January 2021 for further hearing.

In the petition of Emmanuel Ajomafuwe vs Nigeria police force. The petitioner didn’t have a counsel as he narrated his case himself, but under cross-examination by the respondent counsel, he narrated how the 5 policemen involved in the incident of 2018 in which one of them by name Inspector Daniel Ok who shot at him in the head and shot his girlfriend who eventually died were initially arrested after the incident, but after about two weeks, they all returned back to their beat with no punishment meted to any one of them. However, the respondent counsel countered by showing him an advert of the police declaration of inspector Daniel Ojo wanted over the incident to counter the petitioner allegation against the police of attempting to sweep the matter under the carpet.

He complained bitterly of the sweeping of the matter under the carpet by the police authority because he hasn’t been communicated with and neither have the parents of his late girlfriend since the incident happened 2 years ago.

He claimed to have still being in pains having to undergo a brain and skull surgery because he was shot in the head by the police inspector.

When asked what warranted the incident, he narrated that the police claimed to have stopped his car, but he was unaware and because of that misunderstanding, an argument ensued which made inspector Daniel Ojo to shoot him and his girlfriend.

After the shooting, he managed to drive himself to the hospital and was thereafter referred to Reddington hospital, Lekki for treatment. He claimed that after his discharge from the hospital, he went to trinity police station, the jurisdiction of the incident to make an official complaint and after writing his statement, he was told to go, that he would be contacted which didn’t happen till date.

He admitted that no autopsy was carried out on his murdered girlfriend before burial.

Respondent counsel requested for an adjournment to enable him find out about the case from the police authority, his request was granted as panel chairman Justice Doris Okuwobi (Rtd.) adjourned the matter to 21st December, 2020.

In the petition of Marc Chidebere Nwadi vs Federal Special Anti Robbery Squad (SARS), the petitioner counsel announced the absence of the petitioner due to the impromptu ill health of his mother which he had to attend to and apologized. Thereafter, he requested for an adjournment which was granted as the case was adjourned to 5th January, 2021