Lekki shooting: We are powerless forcing army to appear, says judicial panel

The Lagos State Judicial Panel of Inquiry has declared that it is powerless to ‘force’ the army to appear before it, in regards the ongoing investigations of the Lekki toll shooting during the youth protest against police brutality.

Penpushing reports that, Chairman of the panel Justice Dorris Okuwobi made this known on Saturday while responding to a counsel who appeared before the panel to clarify issues with the Nigerian Army.

‘The panel cannot force the army to come. We cannot force them to come. We will take on the petitions as if they are not present; I made that very clear in the ruling. We have tried our best, served the legal summons, served the Chief of Army Staff, beyond that, there is no more the panel can do’, she said.

Penpushing further reports that the retired judge also alleged that reports about Akinlolu Kehinde, the counsel who represented the Nigerian Army in the earlier proceedings, and his ‘refusal’ to appear before the panel are not

“The reports by the press have not presented the rulings of the panel, we never said he (Mr Kehinde) refused to come. The reports were not accurate, so do let him know that we did not in any way make such report,” he said.

Penpushing also reports that a Senior Advocate of Nigeria, Samuel Agweh at the Saturday’s proceeding was prompted by Olumide Fusika, counsel to victims of Lekki incident, to announce his appearance since he was representing the Nigerian Army.

The counsel to victims made the call while cross-examining a surgeon from Reddington Hospital who gave evidence of several people sustaining bullet wounds on the night of  the incident which occurred on October 20, 2020.

Penpushing reports that, while responding to the call the Senior Advocate said he was appearing for Akinlolu Kehinde, the counsel who represented the Nigerian Army, adding that the army authority has disbanded the legal team.

“I am not here to represent the Nigerian Army; I have brought a message from Mr Kehinde Akinlolu SAN. Before now, Mr Kehinde has written a letter to this panel because what we read in the new media and some other things that led Mr Kehinde to ask me to come this morning is that the counsel representing the Nigerian Army has refused to show up.”

Penpushing reports that, the Senior Advocate said the reports in the media portrayed that  Kehinde refused to show up, “which is not true because his brief for the Nigerian Army has been terminated”.

“My Lord, the letter written by Kehinde, dated 20th January, which was already submitted to this panel explains it all that the team of legal practitioners led by Kehinde SAN, who represented the Nigerian Army at this panel based on the summons issued on October 28, 2020

“My Lord, that team had been disbanded, our job finished on the 21st or 25th of November, we do not have further mandate to represent the Nigerian Army in any subsequent proceedings.It is not a matter of disrespect that the team was no longer appearing before the panel but the situation is that the team no longer exists”.

“When these cases were called, I did not even know that the army is in the matter. Because as at that time, these cases were not before this Tribunal, we had finished our business before these cases came up. So, any subsequent summons issued by this panel was not brought to us to come and represent the Nigerian Army’,he said

“As a matter of respect to the panel and is members, that is why I did not announce my appearance, because I did not have any mandate to represent the Nigerian Army in any matter after the 21st of November,” he declared.

The panel boss in reaction expressed appreciation that  Kehinde showed due respect to the panel “by not only writing to them but also asking the senior lawyer to explain to the panel further”.

“The reports by the press have not presented the rulings of the panel, we never said he refused to come. The reports were not accurate, so do let him know that we did not in any way make such report.

“His position as stated to the panel are quite clear, but having served so many summons on the Nigerian Army and they are absent, we felt he, as counsel on record, could assist the panel and at least let us know why the Nigerian Army are not appearing in this matter. We didn’t go beyond that,” she said.

The Head of the panel stated that, the panel will no longer bother Kehinde, and while appreciating him, said, ‘the panel will no longer bother him. If he says his brief had terminated, we cannot revive the brief,”.

The counsels to victims of the Lekki Shooting, Olumide Fusika and Adeshina Ogunala in reaction to the position of the panel posited that even though the tribunal cannot compel any lawyer to represent any party and Kehinde’s brief has been terminated, declared that the case against the Nigerian Army has not been terminated.

Penpushing reports that Ogunlana expressed dismay  at the position of the panel, stressing,. “I want that to be made very clear, so if they decided not to come and they told any lawyer not to represent them that is their own decision.”

“I wish to say that with due respect, I am taken aback by the position that if the Nigerian Army decide not to come, there is nothing the panel can do. The refusal can frustrate the panel and also does not portray the panel well to civilians”.

Penpushing further reports that, the Head of the Panel emphasized that the panel has made it very clear that he Nigerian Army should come so their side will be heard, adding, “It will not frustrate the panel, we have our rules of proceedings. If a party refuses to come or appear before the panel to do their case, it is deemed that they are abandoning their case.

Meanwhile, the panel adjourned the matter till February 27 for further hearing.

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