Unquestionable powers of state judicial panels to indict military and police officers, By Femi Falana

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I was compelled to intervene by clarifying the state of the law on the validity of the powers of state governors to set up panels.

It is embarrassing that some public officers who had campaigned for the sovereignty of state governments within the federation before 2015, have turned round to question the powers of state governments to legislate on matters in the residual list, including the Tribunal of Inquiry Laws.

Indeed, the controversy surrounding the legality of any panel set up under the Tribunal of Enquiry Law of Lagos State was laid to rest as far back as 1987. For the avoidance of doubt, the validity of the law was upheld by the Court of Appeal in the case of“In any event the Learned Trial Judge was not entitled to enquire into the constitutionality of the Tribunal of Inquiry Law Lagos State, even if Section 5 and 14 thereof appeared to be unconstitutional.

…the military and police officers who are dissatisfied with their indictment may wish to approach the High Court for legal address. But it is going to be a tough legal battle since the indicted officers had denied themselves the opportunity to defend themselves against allegations of involvement in the brutal murder of 99 citizens.

The Niki Tobi Judicial Commission set up by the Plateau State government in 2003 indicted some police officers for their involvement in the brutal killing of people in Jos. The Garba Judicial Commission of Enquiry set up by the Kaduna State Government in January 2016, indicted the senior military officers who superintended the illegal killing of 348 Shi’ites in Zaria and the secret burial of their bodies in a mass grave in Mango in Kaduna State.

 

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