Alleged Lekki Toll plaza killing: Calls for Justice, counter-reactions trail Lagos Judicial Panel report

..Our position remains same — LASG

…We are not Police, don’t make disparaging remarks regarding the Armed Forces — Chief of Defence Staff

…Implementation pathway to accountability — UN, US

….President Buhari must act promptly to nail culprits — Amnesty International

By Moses Adeniyi

Following the report of the Judicial Panel of Inquiry and Restitution made public after its submissions to the Lagos State Government, calls for justice and implementation of the submitted resolutions have trailed the findings of the report which indicted the Army and other security officials who were found wanting by the Panel.

This is just as counter-reactions have equally greeted the submissions of the Panel.

The United Nations and the United States on Tuesday welcomed the submission of the report, calling for Government’s  commitment to implementing the submitted  recommendations of the Panel.

In a statement signed by the UN Resident and Humanitarian Coordinator for Nigeria, Mr Edward Kallon, on Tuesday, the United Nations in Nigeria  welcomed the submission made on Monday.

Kallon noted that the submission of the findings of the judicial panel would accelerate the process of justice and accountability

The statement read partly: “I welcome the submission to the Lagos State Governor, H.E. Babajide Sanwo-Olu, of the reports of the judicial panel on claims of brutality and shooting in the Lekki area of Lagos State, during the 2020 EndSARS protests.

“I urge the government to implement the recommendations of the judicial panel of inquiry to rebuild trust and start the process of healing and reconciliation.”

Similarly, in a statement, the United States said she welcomed the conclusion of the Lagos State Judicial Panel of Inquiry with the transmission of its final report, which she said was a part of a process that represents an important mechanism of accountability.

“We look forward to the Lagos State government’s response as part of a process that represents an important mechanism of accountability regarding the #EndSARS protests and the events that took place near the Lekki Toll Gate on October 20, 2020.

“Those events led to serious allegations against some members of the security forces, and we look forward to the Lagos State and Federal governments taking suitable measures to address those alleged abuses as well as the grievances of the victims and their families,” the U.S. said.

President Buhari must act promptly to nail culprits — Amnesty International

Similarly, Amnesty International has welcomed the panel’s report, saying the findings revealed the truth about what happened at Lekki toll gate.

Director Amnesty International, Nigeria, in reaction said:  “Amnesty International welcomes the panel’s report, which confirms that Nigerian army and police shot peaceful protesters at the Lekki toll gate on October 20, 2020.

“The panel’s findings reveal the truth about what happened at Lekki toll gate and contradict the blatant denial by the Nigerian government that deadly force was used against peaceful #EndSARS protesters.

“A day after the crackdown, Amnesty International conducted its own on-the-ground investigation which confirmed that the Nigerian army and police killed at least 12 peaceful protesters in Lekki and Alausa – with evidence gathered from eyewitnesses, video footage and hospital reports.

“A week later Amnesty International was able to release a timeline of the shootings, which confirmed that Nigerian army vehicles left a military base a short drive from the toll gate on the evening of the shootings and were present when the killings began shortly after.

“For the survivors and relatives of the dead, the judicial panel report findings are only the first step towards justice and restitution. President Buhari must act promptly to ensure that those found to be responsible for shooting and attacks on peaceful protesters are brought to justice in fair trial.  Nigerian authorities must ensure access to justice and effective remedies, including adequate compensation, restitution, and guarantee of non-repetition to victims and their families.

“Authorities must also immediately and unconditionally release all #EndSARS protesters unlawfully detained since last year.”

We are not Police, don’t make disparaging remarks regarding the armed forces — Chief of Defence Staff, Irabor

Meanwhile, the Chief of Defence Staff (CDS) General Lucky Irabor on Tuesday evening said that it was only with a white paper from the report of the #ENDSARS Judicial panel’s that it could be substantiated if there were killings during the protest at the Lekki Toll-Plaza.

Irabor who spoke in Benin City, the Edo State Capital, while addressing journalists after a courtesy visit on Governor Godwin Obaseki at the government house, mentioned that reports flying on social media cannot be relied upon.

He assured that the Nigerian Armed Forces remain committed to their professional calling of protecting the territorial integrity of Nigeria just as he cautioned Nigerians against making inciting comments on what is happening across the country.

The Chief of Defence Staff who argued that the operations of the Armed Forces should not be compared to that of the Police, the Armed Forces must be trusted with its operations, warning against inciting comments that will may “put the entire space on fire.”

“I am sure those of you in the media must have seen that there is a report that was released though in my view a wrong channel that is making the rounds in the social media.

“Whether it is a true report, I can’t tell but I would like to indicate that the normal procedure is to have such a report submitted to the convening authority and then there will be a white paper based on which one can make informed comments.

“But whatever you see currently, I will like to indicate that the armed forces of Nigeria is a professional armed forces, we are peopled by Nigerians and we remain committed to constitutional mandates so we do not at this point think that Nigerians should make disparaging remarks regarding the armed forces of Nigeria in the sense that we are professional armed forces and if there are issues, of course we address them within the ambits of the provision.

“It will not be right to disparage men and women who have worked so hard to ensure that the territorial integrity of this nation is kept intact; so in the meantime until I see the full report I may not be able to (comment), but I can assure you that the armed forces of Nigeria are well disciplined and we do not engage in any ignoble acts.

“If Nigerians don’t trust us then we wouldn’t have been doing what we are doing and in any case. It is the Armed Forces of Nigeria and remember, we are not talking about the police; we are talking about the Armed Forces, with emphasis Armed Forces. So, when the Armed Forces are called out, it is because there is a need for the Armed Forces.

“There is no one who does not require and desire to live in peace and so we need to understand that the Armed Forces is there to keep the peace, to provide the ambience that will enable each and every Nigerian to live up his desires in peace and harmony. So, let us not make inciting comments that will put the entire space on fire, that is not right,” he said.

Recall that the Lagos State Judicial Panel of Inquiry on Restitution for Victims of SARS Related Abuses and Other Matters (Lagos EndSARS Panel) had on Monday submitted its report of inquiry into the alleged Lekki Tollgate shootings of October 20, 2020.

A leaked version of the report on social media indicted soldiers and implicated Nigeria’s security agents in what was described as “the atrocious maiming and killing of unarmed, helpless and unresisting protesters,” at Lekki Tollgate on October 20, 2020.

The leaked report of Justice Doris Okuwobi-led panel made the revelation in a 309-page report submitted to Governor Babajide Sanwo-Olu of Lagos State on Monday, describing the alleged killing as a massacre.

Page 294 of the report read: “The atrocious maiming and killing of unarmed, helpless and unresisting protesters, while sitting on the floor and waving their Nigerian flags, while singing the National Anthem can be equated to a ‘massacre’ in context.”

Page 295 read: “It was alleged and corroborated that the soldiers had their vans parked at the Lekki Toll Gate and removed as many bodies and corpses of the fallen protesters which they took away with their vans.”

The Executive Summary of the report read: “The  Nigerian  Army  was  invited  for  intervention  in  the  State  and  was  deployed  to Lekki  Toll  Gate  on  the  20th  of  October  2020.

“At  the  Lekki  Toll  Gate,  officers  of  the Nigerian  Army  shot,  injured  and  killed  unarmed  helpless  and  defenseless  protesters, without  provocation  or  justification,  while  they  were  waving  the  Nigerian  Flag  and singing  the  National  Anthem  and  the  manner  of  assault  and  killing  could,  in  context, be  described  as  a  massacre.

“The  Panel  also  found  that  the  conduct  of  the  Nigerian Army was  exacerbated  by  its  refusal  to  allow  ambulances render  medical  assistance to    victims  who  required  such  assistance.

“The  Army  was  also  found  not  to  have adhered  to  its  own  Rules  of Engagement.

“The  Panel  found  that  the  Nigerian  Police  Force  deployed  its  officers  to  the  Lekki  Toll Gate  on  the  night  of  the  20th  October,  2020  and  between  that  night  and  the  morning of the  21st  of  October,  2020,  its  officer  shot  at,  assaulted  and  battered  unarmed protesters,  which  led  to  injuries  and  deaths.

“The  police  officers  also  tried  to  cover up their actions by  picking  up  bullets.

“The  panel  found  that  LCC  hampered  the  panel’s  investigation  by  refusing  to  turn  over some  useful  and  vital  information/evidence  as  requested  by  the  Panel  and  the Forensic Expert engaged  by  the  panel,  even  where  such  information  and  evidence was  by  the  company’s  admission, available.

“It  manipulated    the    incomplete  CCTV Video footage  of  the  Lekki  Toll  Gate on  the  night  of  the  20th  of  October  2020,  which it tendered  before  the  Panel.

“The  Panel  found  that  there  was  an  invitation  of  the  Nigerian  Army    to  Lagos State made  by  the  Lagos  State  Government through the  Governor  before  the  hierarchy  of the Nigerian Army deployed its  soldiers  to  the  Lekki  Toll  Gate  on  the  night  of  the  20th of  October.

“The  Panel  found  that  there  was  an  attempt  to  cover  up  the  Incident  of  the  20th  of October  by  the  cleaning  of  the  Lekki  Toll  Gate  and  the  failure  to  preserve  the  scene ahead  of  potential  investigations.”

Submitted recommendations by the Panel read partly: “Upon  the  above  key  findings  amongst  others,  the  Panel  made  a  total  of  32 Recommendations,  which  included  but  not  limited  to:

“Holistic  Police  Reforms  covering  welfare,  training  and  proper  equipping  of  Policemen and  their  working  environment;

“Sanctioning  of  the  officers  of  the  Nigerian  Army  and  the  Nigerian  Police  Force respectively who  participated  in  shooting,  injuring  and  killing  of  unarmed  protestors at  the  Lekki  Toll  Gate  on  the  20  and  21st  of  October  2020;

“Development  of  more  robust  engagement  between  the  Youth  and  the  Government;

“Setting  up  of  a  Standing  Committee/Tribunal  to  deal  with  cases  of  Violation  of  Human Rights  by  security  agencies  and  a  trust  fund  to  settle  compensation  awarded  by  such committee/tribunal;

“A public  apology  to  ENDSARS  protesters  who  were  killed,  injured  and  traumatized  by the  Incident of the  20th  of October 2020;

“The  memorialization  of  the  Lekki  Toll  Gate  and  the  20th  of  October   going  forward.

“The  recognition  of  Hospitals  and  Medical  Doctors  who  played  heroic  roles  following the  Incident  of  the  Lekki  Toll  Gate  on  the  20th  of  October  2020  thereby  saving  lives and  minimizing  the  impact  of  the  injuries  suffered  by  the  victims,  most  of  which  were on  a  pro-bono  basis;

“The  Panel  recommended  various  sums  of  compensation  to  victims  of  the  Lekki  Toll Gate  Incident,  which  must  be  expeditious  in  order to  accelerate  the  healing  process.

“The Panel recommended  that  any  data  that  may  have  been  generated  over  the  years on  the  impunity  of  the  Police  across  Nigeria  be  studied  and  deployed  as  early  warning signs  (EWS)  mechanism.”

Our position remains same – LASG

In response to the toll of reactions trailing the development, the Lagos State Government (LASG) has said its position remains the same.

Speaking to Nigerian NewsDirect, the State’s Commissioner for Information and Strategy, Mr. Gbenga Omotoso, said the response of the Governor upon reception of the Panel’s report on Monday remains standing.

It would be recalled that Lagos State Governor, Mr. Babajide Sanwo-Olu, on Monday had upon receiving the report, set up a four-member committee led by Lagos State Attorney-General and Commissioner for Justice, Mr. Moyosore Onigbanjo (SAN) to raise a White Paper on the reports submitted by the Panel.

Other members of the committee are; Commissioner for Youths and Social Development, Mr. Segun Dawodu; Special Adviser, Works and Infrastructure, Engr. (Mrs) Aramide Adeyoye and Permanent Secretary, Cabinet Office, Mrs. Tolani Oshodi.

Governor Sanwo-Olu had said the Committee would bring forward a White Paper within the next two weeks to be considered by the Lagos State Executive Council, pledging that the reports and recommendations will be made public and submitted to the National Economic Council (NEC) for discussion.

The Governor constituted the committee after receiving the two reports of the Lagos State Judicial Panel of Inquiry on Restitution for victims of SARS related abuses and other matters presented to him at the Lagos House, Ikeja by chairman of the panel, Justice Doris Okuwobi (retired).

The two reports submitted by the Panel to Lagos State Government are on investigation on petitions on several abuses and killings by the Nigerian Police, especially the disbanded Special Anti-Robbery Squad (SARS) and the October 20, 2020 Lekki Toll Gate shootings during the EndSARS protests hijacked by hoodlums.

Governor Sanwo-Olu had also reassured Nigerians, especially residents of Lagos that the Government’s action would be guided by the law and in the public interest.

The Governor, expressed hope that Lagos State government’s decision on the reports would bring complete healing, reconciliation and restitution.

“We will ensure that the recommendations that are coming out that will be turned into a white paper and would be made available to the public. We will do it appropriately so that history will judge us well and we will have a document that will stand the test of time. That is what the tribunal law says, so that it will be properly documented and gazetted in government’s records,” he had said.

It was disclosed that the panel awarded a total of N410 million to 70 victims of Police brutality, just as 235 petitions were received with only 14 of it being on the alleged Lekki Shooting incident.

It would be recalled Governor Babajide Sanwo-Olu had on October 19, 2020 inaugurated the Judicial Panel of Inquiry to investigate alleged cases of brutality and human rights violations perpetrated by the Police and operatives of the dissolved Special Anti-Robbery Squad (SARS).

The panel was also saddled with the investigation of the alleged shootings that took place on October 20, 2020, at the Lekki Tollgate.

Controversies over the alleged Lekki Toll Plaza shootings on Tuesday, October 20, had been deep seated as allegations have been countered by  security operatives who were accused of killing unarmed protesters.

Denying the claim, the Acting Deputy Director, 81 Division Army Public Relations, Major Osoba Olaniyi, had in a statement said: “Finally, headquarters 81 Division Nigerian Army reiterates that the Nigerian Army in the discharge of its constitutional responsibilities did not shoot at any civilian as there are glaring and convincing evidence to attest to this fact.”

Meanwhile, the Amnesty International had in its findings, published on its site on Tuesday, October 28, entitled “Nigeria: The Lekki Toll Gate massacre — new investigative timeline,” alleged that: “An on-the-ground investigation by Amnesty International has confirmed that the Nigerian Army and police killed peaceful protesters.”

The Organisation had questioned: “Who ordered the killings? Why was the light at the tollgate switched off before the attacks on protesters? When will there be accountability for these killings?

“The authorities must answer these questions immediately, end the killing and excessive use of force against peaceful protesters across the country and commit to implementing their demands for police reform and accountability for police brutality.”

A year later, on Wednesday Oct 2021, the Global rights organisation, had called for the prosecution of the security operatives who allegedly injured and killed peaceful #ENDSARS protesters, stating that the protesters deserved justice.

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