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The criminality of budget padding



By Femi Falana

Last week, Honourable Yakubu Dogara, Speaker of the House of Representatives  arrogantly maintained that he would not subject himself to the investigation being conducted by both the Nigeria Police and the Economic and Finacial Crimes Commission. As far as he is concerned, he enjoys immunity under the provisions of the Legislative Houses Powers and Privileges Act. The embattled Speaker also claimed that the padding of 2016 budget is not a criminal offence. ‘Honourable’ Dogara’s confidence is likely to have been anchored on the statement credited to the Presidency that the budget was not padded in any material particular.

Before then the All Progres-sives Congress had decided to follow the discredited path of the Peoples Democratic Party by treating the serious allegation of monumental corruption as a “family affair” of the ruling party. But unlike the PDP the party failed to act timely. In other words, a cover-up is no longer possible at this stage as the cat has been let out of the bag.  For now, Honourable Dogara has no choice but to defend the criminal allegations. Contrary to his misleading contention, the Legislative Houses Powers and Privileges Act has not conferred immunity on him with respect to allegations of criminal offences. Since the immunity conferred by the Act is limited to contributions to debates by members of the national assembly, the Speaker cannot ward off the invitation of the Police and the EFCC to react to the criminal allegations levelled against him by Honourable Abdulmumin Jibrin.

The Speaker ensured that Honourable Jibrin was removed as the Chairman of the Appropriation Committee of the House when it was confirmed by the House that he had allocated projects worth N4 billion to his constituency. The House kicked against Jibrin on the grounds that the remaining 359 members have been left to share the remaining N36 billion out of  N40 billion. While not denying the allegation Honourable Jibril disclosed that the Speaker and some principal officers had unilaterally inserted 2,000 items, otherwise called constituency budgets in the budget. He has also accused the Speaker of corrupt enrichment through the acquisition of farms and other properties. Although the Speaker has failed to deny the serious allegations he had threatened to sue Honourable Jibrin for defaming him.

It would be recalled that the initial budget was withdrawn by President Buhari when the national assembly members accused some top civil servants of padding the 2016 budget. It was so scandalous that the federal government undertook to sanction the public officers who had altered the budget. At that juncture, the President promptly removed the illegal insertions and resent the corrected budget to both chambers of the parliament. After that, the budget was debated, passed and sent to the  President for his assent.  It was signed into law by President Buhari when he believed that it had been properly passed by the members of the national assembly.

But it has now emerged that no fewer than 20 legislators in both chambers of the national assembly altered the budget by inserting constituency projects worth N100 billion in the Appropriation Bill. Both the Senate and the House allocated to themselves N60  billion and N40 billion respectively. If it is established that the alterations were effected after the passing the budget by both houses, the issue at hand goes beyond padding. A clear case of conspiracy, fraud, forgery and corruption can be established against the suspects.

Padding takes place when legislators resolve to rewrite the budget by introducing new items outside the estimates prepared and presented to them by the President. The controversy over the padding of the budget was laid to rest with the enactment of the Fiscal Responsibility Act, 2007 which had imposed a duty on the finance minister to source input from certain institutions including the national assembly when preparing the budget. That is when negotiations and horse trading with the executive by the legislators is allowed.  But neither the Constitution nor the Fiscal Responsibility Act had empowered the National Assembly members to rewrite the national budget by including constituency projects whose costs are arbitrarily fixed by the legislators.

Under section 81 of the Constitution, the President is given the exclusive power to cause the budget to be prepared.  Upon the preparation of the budget by the executive, it shall be laid or presented to the National Assembly by the President. In debating the Appropriation Bill, the legislators may reduce the estimates if there are errors or inflation of the cost of items or if certain items provided for had been purchased before or for any other genuine reasons. But the national assembly cannot increase the budget in any manner whatsoever.  So the unilateral introduction of constituency projects is totally illegal and unconstitutional.

By introducing new items, the National assembly has usurped the powers of the President to prepare the budget. In other words, the legislators would have prepared the budget and laid it before themselves and then passed it.  That is a negation of the doctrine of separation of powers. The Appropriation bill or amended Appropriation bill is not like other bills. Whereas other bills shall emanate from either of the two houses money bills shall emanate from the President. So a money bill is a special bill which cannot be subjected to additions by the national assembly because it has no power to prepare it.

Padding is an unconstitutional infraction when the estimates are increased on the floor of the House. The infraction becomes criminal when the Appropriation Bill is altered by a few legislators after it had been passed by both houses of the National Assembly. In the instant case, Honourable Jibrin is alleged to have altered the budget by inserting projects worth N4 billion while a handful of other legislators led by the Speaker are alleged to have included 2,000 items in the budget. Since the President was then misled to sign it as the Appropriation Bill properly passed by both houses the principal officers of the national assembly cannot turn round to seek protection under the Legislative Houses Powers and Privileges Act.

It is unfortunate that Honourable Dogara has never heard of the word “padding” before now. It is not new in our legislative history.  While the 2005 Appropriation Bill was under consideration in the Senate, some senators including the Senate President padded the budget of a ministry after collecting N55 million bribe from a minister. The scandal led to the removal of the Senate president who was later charged with his indicted colleagues and the Minister. The Supreme Court has recently ordered that the suspects be tried for corruption having thrown out the preliminary objections filed against the charges by them at the trial court.

If legislators conspire among themselves to pad the budget to fund the purchase of exotic cars and payment of unauthorised jumbo emoluments, it is a criminal offence. The allegations of Honourable Jibrin have gone beyond the padding of the budget. The serious issue which the Speaker and other principal officers have not addressed is that the alterations of the budget took place outside the plenary session of the house. This is the crux of the matter. A former senator was arrested recently, and the EFCC stumbled on a document which set out how  N60 billion was shared among some legislators. The EFCC should investigate the source of the fund. Where did fund come from? The Jibril ‘s complaint should provide the country a golden opportunity to get to the root of criminality in the national assembly.

Regardless of the interference of the ruling party and the denial of the allegation of the padding of the 2016 budget by the Presidency the Police and the EFCC should proceed with the investigation of the allegations of Honourable Jibrin against the leadership of the House and the counter allegations of his colleagues against him. Up till now, the N115 billion budget of the national assembly in the 2016 budget has been shrouded in secrecy. The ongoing investigation should reveal the details of the budget.

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Guest of the week

PMB and the futurologists



By Femi Adesina

It’s the beginning of a year, and it’s that time you hear all sorts from futurists, prospectivists, and foresight practitioners.

The Good Book tells us of the 5-fold Ministries of Apostles, Prophets, Evangelists, Pastors, and Teachers. These are offices into which God has called some people, to lead, guide and comfort His people. Unfortunately, however, some people have decided to call themselves, and they go about, running riot all over the place with guess work, divination, and outright falsehood, all to beguile the people, pass themselves off as somebody, and ultimately make filthy money.

Since he became leader of the country, President Muhammadu Buhari has been an object of the futurologists. They have come up with tons of predictions, many of which went wide off the mark, hitting the crossbar.

Many times, they have virtually killed him. Many other times, they have deposed him through the 2019 election. They have foreseen sickness, death, empty seat at the Presidential Villa. But year after year, month after month, President Buhari continues to do his duty to the country, and to his family. He remains constant like the Northern Star.

Yes, typical of a human being, he can be sick and indisposed from time to time. We remember 2017, when President Buhari was practically unavailable between January and August, with only intermittent returns to the country in-between. Human beings, prince or pauper, President or manual laborer, can be ill, can recover, or can even die. What eventually happens is a matter of mercy from God Almighty.

“I will have mercy on whom I will have mercy, and I will have compassion on whom I will have compassion.” (Romans 9: 15). President Buhari has obtained mercy, compassion, in plenitude, and many a false prophet is frustrated. Even angry. All their prognostications have failed, and the next thing is to write a book on them, like Prof. Wole Soyinka did. ‘Requiem for a Futurologist.’ Many so-called prophets are tricksters, artificers, swindlers, charlatans, scoundrels.

I had cause to take up a mountebank sometime last year, when he said the President’s jet would crash at the last quarter of 2021. What was his intention? Patronage. That the President should send emissaries to him with bags of money, so he could pray and stave off the tragedy. Prayer contractor! The President was particularly busy with international travels at the period the ‘prophet’ mentioned. USA, Ethiopia, Riyadh, Glasgow, London, Paris, Durban, Dubai, Turkey, and many other places. Did any accident happen? Not even an incident. That is where God is different from man. He has mercy on whom He will have mercy.

That was what the marabouts did to Sani Abacha, that he remained holed in Aso Rock. Between November 1993 and June 1998 that he was head of state, you could count both local and foreign trips he made on the fingers of one hand. There was a time plenty hype had been made on his visit to Oyo State, to commission the Asejire Water Scheme. The State was agog with expectations, and a holiday had been declared. Only for Abacha not to show up. He had been caged by the futurologists.

At another time, he had been confirmed to visit Lagos, to commission projects, including the Marwa Gardens, in Alausa area of Ikeja. Col Buba Marwa was a star, a poster boy of the administration. Visiting Lagos would have been good for Abacha himself. And all was set. The city had been put under lockdown. At the last minute, Abacha refused to show up. Caged again by the horizon scanners, who always see negative, never anything positive.

It was said that in the few times the head of state ventured out of the fortress called Aso Rock, he would lock up all the Service Chiefs at the Nnamdi Azikiwe International Airport in Abuja, until he returned. So that they wouldn’t be able to effect a military coup while he was away. Whether the story is true, or apocryphal, I don’t know. What I sure know is that the day Abacha’s time was up, it was simply up. “There’s no armor against fate.” (James Shirley).

What we learn from the antics of the prophets against President Buhari is that no man ever has the final say. God is the ultimate decider. If man says anything, and God has not concurred, then nothing happens. Let that man move from mountain to mountain, praying that his prophecy should come to pass, it would be like beating a dead horse. Sheer waste of energy.

Serve your God. Show malice to none. Plot and do no evil, and let’s see the negative prophecy that would come to pass against you. That’s an eternal lesson we learn from our President.

Like I said at the beginning, the prophetic ministry is divine, ordained by God. “By a prophet the Lord brought Israel out of Egypt, and by a prophet was he preserved.” (Hosea 12: 13). But let nobody begin to posture as if he has the final say, the power to foretell, and it remains inviolable. Only God has the final say, and He is full of mercy and compassion.

I used to open my doors to one young prophet years back. I liked his knowledge of Scriptures, and ability to pray fervently. Whenever he asked for an appointment, I obliged. Of course, I didn’t always believe everything he said, but I was helpful to him in ways I could. Till about this time of a certain year. Maybe he felt it was time for him to finally have me under his armpit, control my life totally. So he came with a number of frightful prophecies for that year. I listened to him calmly, and he left. The Good Book says; “But he who prophesies speaks to men for their edification, encouragement and comfort.” (1 Corinthians 14:3). He had come to do otherwise.

That was the last he has seen me till date. He has phoned hundreds of times, begged, pleaded, made requests, I’ve not obliged him once. He attempted to merchandise with the gift of God, and he picked on a wrong man. So also do these prophets pick on the wrong person, when they come attempting to cow and frighten our President.

In about 17 months, President Buhari would land safely, as God wills. He would finish his tenure in a blaze of glory, and retire to Daura to tend his cattle. That is the prayer of millions of good people. Let no so-called prophet attempt to hoodwink or browbeat us to the contrary. Who has the final say? Jehovah has the final say.

Adesina is Special Adviser to President Buhari on Media and Publicity

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Guest of the week

Nigeria’s Unity: Cultural restructuring for empowerment of Nigerians is the way to go — Otunba Runsewe



In this Interview with Nigerian NewsDirect, the DG, National Council for Arts and Culture, Otunba Olusegun Runsewe at the occasion of the 2021 National Festival of Arts and Culture (NAFEST) hosted in Ado-Ekiti, the Ekiti State Capital, with the theme “Celebrating National Unity in Diversity,” spoke on the erosion of culture in Nigeria. According to him, though having a lingua franca apart from English has been possible in other countries, the Nigerian diversified  population is a challenge. He submitted that cultural restructuring capable of empowering more Nigerians is the way to go in the country. This is just has he called for tolerance towards nation building. Excerpts:

Looking at NAFEST activities, how do you get support from private sector to assist the agenda?

You see, this private sector you are referring to are not Father Christmas. Nobody will put his valued money on a programme until he finds out what he’ll get as return value. Well, when I took over NAFEST, it was not this big but today, my plans and projections are to build a brand identity in Africa so we can start to call in sponsors. There are differences between sponsors, partners and supporters. Right now, we have about six to seven partners. In most cases in Africa, we build a brand which will fold up after two years because there are no sponsors. This is another marketing strategy different from what we are saying. So, now we need a brand for marketing strategy.

You’ve always being a public figure, what’s your idea on restructuring?

You see, that question is not for me. I am a technocrat; my job is to use culture to unite Nigeria. I’m sure Femi Adesina, Garuba Shehu and the likes,  will be too good to answer the restructuring question: But if you ask me restructuring at the level of culture then I can tell you we need to have a cultural structure that will be based on empowering more Nigerians and put food on their tables. It is that aspect of restructuring I totally agree with.

Still talking about culture, if you look at the syllabus of most schools — primary, secondary and tertiary —  subjects as history won’t be found, what are you doing to make sure cultural courses are restored?

That is what we are doing now technically. We have imbibed other people’s culture. Do you know now if you speak Igbo or yoruba or Hausa in an event and you make mistake nobody will bother you, but when you make mistake in English you’ll be called names. In fact, for you to be able to catch the attention of your audience, you must be able to speak good English; your narrative must be strong. It is by this, your audience will be convinced you can speak. The way we are having it, if you want me to speak Yoruba, it may be a little difficult. I’m sure the truth is when we see our children speak good English, we’ll be excited but, when they speak good Yoruba, Igbo or Hausa it looks like vernacular, so our culture has issues we must resolve it.

Can Nigeria have another language as pidgin as a general language, such as other Countries where English is not their lingua franca?

It will be difficult. We must  consider and compare our population. You see, population has its advantages and disadvantages in some instance. Two, people cannot continue to prove wrong, one must look at the right side. So, for me its only that we should bring in and accept the fact. If Gambia or Cameroon or Ghana and Togo are fighting, Nigeria can accommodate them but if Nigeria is fighting, no Country in African can contain them.

What is your take home for visitors and stakeholders?

NAFEST has become a unified means for peaceful coexistence and the time cannot be better than now. The take home is NAFEST has come to stay. It started since 1970 after the Civil war when Tunde Idiagbon said what can we do to unite us: that’s why we have the National Festival and the idea is beyond what people say, it’s to cement unity. So, when you’re talking about Boko Haram and militants, all those things should be no more. I want to appeal to every one of us that we should learn to tolerate each other and respect one another’s culture and religion.

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Guest of the week

#ENDSARS Inquiry: Fundamental errors in findings of Lagos panel inconsistent with evidence of witnesses — Enitan, SAN



In this interview with Arise TV on Thursday, Senior Advocate of Nigeria, Kayode Enitan, revealed there are fundamental errors in the report of the Judicial Panel of Inquiry and Restitution made public after its submission to the Lagos State Government last Monday, November 15, 2021. According to him, there are some submissions that should be thrown out of the report, based on findings held which are not consistent with the evidence submitted by witnesses and forensic experts. He argued there was no evidence before the panel to substantiate there were killings at the Lekki Toll Plaza as alleged. Excerpts:

Mr. Enitan, so much as you know is being said about the #EndSARS panel, and the state government’s approach and all of that. But considering the immediate comments on the document being circulated, perhaps we should even start by asking you, what is your impression about that document that is being circulated at the moment?

That document could only have come from someone who was on the panel.

You could say for sure?

The only people who had it were members of the panel and that was a soft copy. Who could have had a softcopy as at the day the hardcopy was being given to the government? It could only be members of the panel. So, one of them deliberately leaked it for whatever purpose.

Why do you think it was deliberate?

Well, why would you put something that is not meant to be in the public in the public, if you had no intentions of doing so. And I’m aware that it was leaked to a specific individual who then posted it in a group and when it got in that group, it now went viral.

So, the member of the panel didn’t directly leak it to the public…

He must have. Because, the minute it leaves his hand, it’s in the public domain. If something is supposed to be with me and I give it to you, then I have leaked it and that will be deliberate. That could not have been inadvertent.

What if it didn’t come from any member of the panel directly? What if it came from anyone else working with them?

I would not want to conjecture along that line, because, whoever was working with them, would he have what a member then came to out say that; yes, that is our report, but that seemed to have some errors.

It seems from all you’re saying; you’re literally putting question marks on the integrity of the members of the panel.

I do not doubt their individual integrity. However, the fact remains that, that document that is in the public domain could only have come from one of us. Who exactly that was, the person’s conscience tells him that he did it.

Do you think it’s something that the government should investigate?

I don’t think the government should bother itself about that. But what has the leaking done? It has now given everyone who would want to speak on it, to read it and speak to it. I personally, I’ve not bothered to speak publicly outside of the Panel about what was going on there. And it’s not because one didn’t have anything to say. But the appropriate thing to do is wait for the report submitted to the government, wait for the White Paper and then discuss the White Paper.

Do you have an idea of who did that specifically?

I cannot specifically say that it was this individual. But if you are to look at the avenue variant to conjecture…

I’m asking because when you said who leaked it, male or female members, you said he…

Maybe that’s a function of my gender.

Are you then confirming that this leaked report is the authentic one?

I cannot speak to the authenticity. But what I can say is that a member of the panel has publicly acknowledged that document as being the report, though this has some errors as he called it.

But you were counsel for Lagos, so you know which one is the report?

No, I don’t.

You’ve not seen it?

What I know, which is what I say on TV, was that on Monday (15th November), two hardcopies were handed over to the Governor. I saw that on TV, we were not invited.

You’ve not seen any of the hardcopies?

No, I haven’t.

But you’ve seen the softcopies?

Of course, which I have taken the pain to read; the 309 pages. I’ve taken the pain to sieve through the evidence that is contained in that report, and I’ve taken the pain to compare it with the findings. And when that is done, you’ll find out that there are too many inconsistencies between the evidence and the findings. Unfortunately, not many people who have spoken as to the content of the findings have taken the pains to read these 309 pages.

Should we take the pains to read or wait for the State government to release the report itself? So that people will know we are speaking to the right document.

The government is not expected to release the report.


Panels of enquiry, according to the law, Tribunal of Inquiry Law of Lagos State, the Panel will seat, take evidence and form their report, submit it to the government; government will seal that report and now come up with a White Paper stating, we have seen this, we accept this, we do not accept this and they will put the reasons. That is what the White Paper is for. It is the White Paper that we are all supposed to be discussing not the report.

What law would be broken if the state government releases the report before the White Paper?

That will go contrary to the Tribunal of Inquiry law.

But there have been several occasions we know in this country… I’m very sure you are well aware of several such panels of inquiry whose reports never saw the light of day until they were investigated by journalists; whose recommendations were never taken up at all and which left many people with the sense that justice has been delayed.

That is correct, but then that is not the situation here. When it was submitted to the Governor, he did say that he was setting up a Panel and he immediately set that Panel up; go and look at it and let us see what we are going to put up. And he gave a date of two weeks.

Which is 11 (as at Thursday) days from now.

Exactly. But, on the same 15th (November) someone obviously could not wait, but went ahead and leaked that report. Because by evening of the 15th, it was all over the place. I read it that night when I saw it in one of those social media fora that we belong to.

So, what does the state government think about this?

I’ve not spoken to the Governor

Do you think that they will be upset with this scenario?

I am not in a position to say. But what I can say to you, is that having read that report, I can assure you clearly that there were discrepancies. For instance, at page 287, the Panel found medical evidence from Dr Lawson and Dr Aranmolate of Reddington Hospital and Grandville Trauma Centre respectively reported at least one death at both facilities, that is not true.

Pages 56 to 68 contains the evidence of Dr Lawson of Reddington. Dr Lawson never said anybody died in their facility. Grandville, which is operated by Dr Aranmolate; his evidence is contained at pages 109 to 115; he never said anything about anyone having died. He brought a list of everyone that was presented at his facility over the cause of about two or three days. Now, forensics, the panel at page 287 said Sentinel Forensic Limited, engaged by the Panel, confirmed that multiple muzzle flashes consistent with discharge of ammunition were observed. Forensic experts also noted that, at the commencement of engagement for the most part, the muzzle flashes appeared to be directed upwards and, at other times, (in the) direction of the protesters. Experts further noted that there were instances where two people sustained injuries and all of that.

But what was the evidence? Page 8 of the forensic report tendered by Sentinel states clearly, there were no visible signs of bullet fragmentation or impacts from high velocity projectiles; observed fragmentation was not consistent with impact from lower velocity projectiles.

This gentleman was taken up on what he read. He went through the entire tollgate area, went through the entire structure at the tollgate. He said he could not find anything struck by a high velocity projectile, which is a bullet consistent with military ammunition. Now page 15, where he was talking about muzzle flashes. It says, the analyst of the sparks believed to be muzzle flashes and an indication of shots fired, more muzzle flashes are observed all appearing to be directed upwards. Referring to page 17 of the report, the type of ammunition discharged could not be determined from the footage. Now, this gentleman watched the LCC footage, the experts engaged by Lagos State watched the same LCC footage, particularly as shown on CNN. What did the panel do? The panel made a buffet of the evidence, took the one that is right, condemned the other ones, as saying that the person did not speak with participants, did not speak with victims, did not speak with protesters. However, this expert had the medical report of all the victims or alleged victims. He had their records which were tendered by Dr Lawson, by Dr Aranmolate using the medical records, subjected to examinations. Medical forensics determined that, of all the victims, some were indeed shot by high velocity guns after 9pm, but every other person was shot by low velocity guns, meaning guns that shoot cartridges and that discharges bullets.

What does that entail?

That means they were not shot by law enforcement agents.

So, your point is that, contrary to the report that the Army deployed shot people, you’re saying that’s not the case?

Were the Army at the Tollgate? No one is in doubt. Did the Army fire shots? No one is in doubt. But what shots were fired. General Taiwo came and he said: Yes, they had live rounds, they had blank rounds, but that the blanks were deployed. And the two experts showed consistency in the fact that they could see from the video that after each round of discharge, they had to reload and that, that was consistent with bullet crowns. Let me go on to the testimony of the pathologist; the pathologist was summoned to bring autopsy report of anyone who was alleged to have died in the Lekki environment. He brought three. The first one was of a blood force trauma to the head on the 20th (October 2020).

What time?

In the night on Admiralty Way, that’s where the corpse was picked.

So, what does that mean? Did they say the time the person was shot?

I think that would be at Dr Lawson’s…

That could be 6pm?

No, it was not 6pm.

You said you were not sure.

Yes, but nothing says 6pm. So, let us not go to what is not on the record.

But you’re going to the same evidence.

I am speaking to what is on the record. He brought that report, blunt blood force trauma to the head.

Yes, but if you don’t tell us what time, we can’t be sure of what you’re saying because you spoke about timing for some of those matters laying the ground to disprove some of those evidence that were there.

Hold on, I think I’ve seen the time.

What time is it?


So that’s when the person was shot?

Not shot, blunt force trauma in the head.

So that was when the person was hit on the head with a gun.

He was brought in to the facility at 1:15am. That was apparently the person the Governor referred to in his first statement.

So, if you say that was when the person was brought in; then we don’t have an idea of when the person sustained the injury, do we? Or did the report  indicate that?

The report says place of death was said to be at Lekki. This was an adult reportedly taken to Reddington Hospital in Lekki in an unconscious state on account of an open cut fracture on the 21st October at 1:15am. Based on what we saw, we concluded that the death was as a result of a severe skull and brain injury, craning cerebral injury which we felt was due to blood forced trauma; that is the pathologist speaking.

The second person was said to have been found under the Lekki-Ikoyi bridge, the third person, and the second person also had trauma to the body

So, is your point that since they were not found at that particular spot, they could not have been part of those who were protesting and could have sustained these injuries at that spot. Is that the point you’re making?

That is not the medical evidence sent to us.

So, it’s not possible to be wounded somewhere and found elsewhere?

Wounded. If you were wounded, your wound and injury should be consistent to what the allegations are. If you said the Military or the Police came and shot the people, I expect that the corpses will have bullet injuries. The only person with bullet injury is the third person who was said to have been found at Lekki on the 21st (October) in the evening at about 9:45pm.

So, it didn’t happen on the 20th?

…interrupts Dr. Ade Dosunmu (another guest on the programme) A question, has Dr. Dosunmu read the report? Did he read the evidence contained in the report before going to the findings, because you see, it is not a buffet it’s a set meal; you eat everything from pages 1 to 309. Don’t go to read from 287. I am sure the good doctor has not read the report.

The thing is this, when you started out you made reference to a member of the Panel who said there were errors. But I think the same member also said those errors were corrected before they submitted to the state government. And you said there were two hard copies submitted so if the state (Governor). What are people supposed to do? How do we know that what is here is not the right one that is here?

Very well remember, the findings that everyone is speaking to we have not seen the hard copy; all we have all seen is just 309 pages. How many of those speaking to the findings bothered to read the evidence contained in that report

So, they should still rely on the circulated ones which you said there were errors that were corrected

If they say it has been corrected, fine but…

Do you think it was corrected?

I don’t know because I have not seen any other thing. But what I can say is that whoever is going to speak about those 309 pages should ensure that he has read the 309 pages and I will show you further evidence in the same document.

In that same document, the facts that you are speaking of, they are valid. But have you also considered that part of that same leaked report that talked about the fact that there were talks about deploying trucks with brushes washing away what would have been evidence.

Thank you very much. That was said in the report of Forensic Sentinel as something that was picked from open source. Now open source, go to LAWMA twitter handle, which is where they said they saw that the LAWMA MD said that they had commenced the cleaning of Lagos, that tweet was on the 23rd of October.

After a judicial panel of enquiry had been set…

As at the 23rd the panel had not been set.

The panel had been set as at 18th or 19th October


The panel was set up before October 20

The EndSARS judicial panel of inquiry

The Judicial panel of inquiry, the EndSARS part was just an addition

No, the Lekki incident was the addition, as of the 20th, 21st, 22nd and 23rd (October), that additional term of reference relating to the Lekki tollgate was not part of the judicial panel of inquiry’s terms of refence.

You have been questioning individual integrity of those members but then you are now questioning that particular report. Even Dr. Dosunmu said he is surprised that you are focusing on some of the minor things; that it comes across to him as though Lagos is, or you are trying to cripple the objective and then the findings of that report.

You see, the integrity of members may not be in doubt. It has nothing to do with the evidence on the basis of which they came to find them – if the evidence does not add up with the findings it may be simply that they failed to appreciate even the evidence before them. It has nothing to do with the integrity. I am not talking about integrity. I am talking about the evidence contained in the 309 pages and the findings contained in the 309 pages. My friend and brother here we’re talking about brushes. What was the evidence? The Panel, it was at page 296 that the Panel said three trucks with brushes were brought and that there is something on twitter and as of 20th October, that is not correct. Before the panel and till this moment, there is no video to corroborate that statement. Remember that before the Panel, what was the evidence. Somebody said they were there on the morning of the 21st; there were journalists, they had cameras. Here evidence was that there were news reporters. Now not one of all the news reporters that were on that location on the morning of 21st had sight of these trucks with brushes. Twitter handle, you can still go there as of this morning. You know you can always find out whatever had been on twitter; the internet never forgets. That statement that was shown was on the 23rd, the trucks that were there, are these open back three-ton trucks

Yes, Internet never forgets. A statement by LCC; press release, it is out there for everyone to see which they tendered to the panel on that day, and it’s saying, and I quote “Lekki Concession Company Limited (LCC) strongly condemned (that is in caps) the shooting of peaceful protesters at the Admiralty Circle toll plaza yesterday 20th October, 2020. LCC will never (in caps) support or condone such unscrupulous act meted out on unarmed protesters. Since the commencement of the protest, LCC has allowed free access…” And it goes on. This is what the panel relied on; it was tendered. They were the ones who said it, LCC, an agent of government.

What is contained in that statement, ‘shooting.’ There is no doubt that shots were fired, we all saw it on TV that evening of the 20th. Did LCC speak to anyone being killed? Shots were fired, we saw that on live TV

Shooting of unarmed protesters…

We saw shootings on live TV. But what we did not see was anyone being… because your journalists were there, It was on Channels that I saw it and I also saw your anchor speaking to Professor Pat Utomi that evening. We all saw the soldiers there shooting into the air.

Was Professor Pat Utomi on ground? He wasn’t physically there.

He was not physically there but he was but…

(cuts in) The Interview was not conducted right there with him.

No interview was conducted there, but let us

(cuts in) So why are you referencing Professor Utomi, as if he was physically there

No, I’m just telling you that we all saw soldiers shooting into the air, we all saw the LCC footage. Thereafter, at the panel, we all saw that, the panel’s forensic expert went and looked at that footage, the state experts went and looked at the same footage, they both came back saying that soldiers fired blank rounds.

Can we look at that footage for a bit? Is this the one you’re talking about?

Yes, and you can see the muzzle flashes going up.

Mr. Enitan, this that we are looking at is an activity being performed by security officials who are supposed to be protecting the people who are not armed, who had no business there in the first place. Military men, who had no business there in the first place shooting at people/Nigerians they are supposed to be protecting, who are not armed and who are just simply exercising  Constitutional rights; and soldiers are trained differently from the Police, they are trained to kill and you do not see anything wrong with that? Now they were shooting into the air with what intent, to scare?

Evidence was led at the panel in respect of this.

Is there a rule in law for morals?

I am sorry, morals have no place in law. Law is, what does the letter of the law says, what are the facts, what is the evidence presented? Then that evidence copulates with the provision of the law, if they add up, make a finding and if they don’t, you still make a finding. This that we watched here just now shows clearly muzzle flashes, the experts as well as a part, well he was not on ground, but all agreed that those muzzle flashes were consistent with the firing of blank rounds. You see that shots were fired, those were the shots.

If that were the case, why were there denials from the very high-ranking government officials that soldiers were not even there in the first place, it could have been thugs who were there, all sorts came through at that point in time. It shows intent to conceal and deny those things.

No, I think it was Shakespeare that said the devil does not know what is in any man’s heart. I do not know any man’s intent but what I know is what I see.

Mr. Enitan, the soldiers also confessed to the panel that they fired both live and blank bullets. Was that right? Yes, or no?

That’s correct, but they never said they shot at any individual based on evidence on the record. I don’t do conjecture I will back it up.

They spoke to the panel that they fired both live and blank bullets? Yes, or no?

Yes, however you’ve just seen that footage which was of soldiers firing, now what is consistent with an individual been shot with a live round it is not in any footage that we watched

In the law, you always talk about the intendment of the law, in this particular case soldiers who are trained to kill, they go to a venue where there is a peaceful protest because the LCC said it in their press statement that it was peaceful. So, if you then send soldiers there to a peaceful protest, what did you expect them to go do, to go sightsee? And secondly, is it that the guns that the police use cannot fire into the air? Why did the soldiers have to go there to go fire into the air? 

Now we are losing sight of one thing, evidence before the panel was that as of that moment, the whole of Lagos State had been paralyzed

According to who? The whole of Lagos was paralyzed? The same Lagos where we were? I don’t think so because we moved around.

As on the 20th, you moved around because you were a journalist. I have lawyers who went to court, finished by 2pm but did not get back to the mainland until 7pm because the whole of Lagos had been locked down. What happened was a curfew was declared as at that time the evidence before the panel was that if there is a curfew that is the paralysis of the state.

Why will the soldiers go shoot when there is a curfew?

The soldier’s evidence was that they were deployed to cover the Lekki-Epe corridor.

The shooting was after the curfew, wasn’t it?

The shooting was after declaration of the curfew.

So why were they shooting when there was already a curfew?

They were going somewhere. The evidence and I’m not talking about what is not in those 309 pages.

(Break… Dr Dosumu speaking)

In relation to what you are going to say as well as Dr Dosumu, the thing you cited some errors which you talk were inconsistency which actually transpired, if the panel report is 80% accurate why won’t it be bided up.

Accuracy is not about what you have written in English, accuracy of the report is the evidence consistent with the findings. If I am saying to you that on critical aspect the evidence of the forensic expert employed by the panel itself is inconsistent with the findings of the panel, the evidence of witnesses is that the panel said they relied on heavily, Sarah Ibrahim, Dabira Ayubu, Kamsichukwu, these were individuals that gave evidence that showed they did not know what they are taking about, read the report, let everyone read the evidence in that report.

If they are asking you people to read what is in the report and they said there were errors…

It’s not errors, I’m not taking about typo errors, I’m talking about fundamental errors; it like a judgement which on its face, the evidence does not support the result.

Are you saying there was no killings as a result of this? 

At Lekki Toll Gate, there is no evidence before the panel.

Are you saying there’s no killing or there’s no evidence of killing?

I was not there, I am not trained to listen to hear say, I am trained to react to evidence, what was the evidence that was presented and it contain in those 309 pages, sorry sir, if that the evidence cannot support the findings, then that is it. Listen, I am saying read the report.

How do court decisions go normally? 

It’s a judicial panel of inquiry.

Would you be recommending, if you had to, to the Lagos State Government that this report should be discountenanced.

If I were a take a decision on this report, I will look at the evidence contained in the report, I will look at the findings, definitely there are findings that make sense regardless of the evidence, that police need training, definitely the police need training that there should be psyche evaluation and all of that.

What will be your recommendation to the government of Lagos State if you had your way?

If I had my way?


If I had my way, based on what I can see in the evidence as a lawyer, I am not talking sentiment, as a lawyer based on the evidence contained in that report, there are some findings that should be thrown out, based on the evidence in the report, findings that are not consistent, those findings should be thrown out and findings that are consistent with evidence, definitely, those findings should stand. The evidence is in the public domain, people should read it.

But the report which you are saying is not authentic?

Listen Chamberlain, every one of us who had course to comment on this report, we are commenting on what is in the public domain, we do not know what was submitted to the government.

The ball is in the court of the State, because the white paper is supposed to tell us what is in the report.

I am afraid you can’t go further because we will keep complaining if we had to go on.

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