The Chairman of the ongoing panel of Inquiry into police brutality in Cross River State has overruled the Police on the issue of jurisdiction and adjourned the cases to December 7, 10 and 14.
The Police led by DSP Tehemba Dennis had questioned the jurisdiction of the probe panel saying that “We are informing this panel that there is a pending suit against this panel challenging the jurisdiction of this panel to sit and determine matters against the respondent (Police).
“A suit No: FHC/ABJ/CS/1492/2020, was filed by the respondent at the Federal High Court Abuja, against the 36 Chairmen of the Judicial Panel of Inquiry of Police Brutality in Nigeria, including all the 36 State Attorney Generals.
“You are the first defendant in Cross River State and the Secretary of this panel in his position as the Attorney General and Commissioner for justice of Cross River State; my lord we wish to inform this panel that in case the panel is yet to decide, we need time to take steps to see that the panel is served between now and Monday.
The Police had applied that the matter against the respondent (panel) should be adjourned till further notice pending on the determination of the suit against the panel, that the panel should not be a defendant in a suit and be judging us.”
But the NBA Calabar Branch Chairman, Paul Ibiala in his submission accused the Police of applying delay tactics to cripple the panel adding that, they can’t sit and allow the police truncate proceedings because it’s all based on speculations.
He submitted that since the panel have not been served, the panel should vehemently discountenance the application, “We cannot sit here and allow him to come and truncate the hearing of the matter today by any speculative information of an action pending.
“We want to protest vehemently the application made by the respondent. The objection is predicated on the fact that our law was not mapped on the basis of speculation; the application of the respondent is speculative.
“This is so because by his own admission this panel has not been served with any process. We are saying that the announcement of the pendency of the suit against the panel cannot serve as a scarecrow to stop this panel from operating.
“We submit that the application of the respondent be discountenanced and the proceedings of this panel should continue. We will not continue to allow procedures to be abused before this panel.” He stated.
In his ruling, retired Justice Michael Edem jettisoned the application by the Police saying the panel is not a faith tester or tabernacle or religious congregation.
“This is not for a court of law, to those things I jettison and refuse the application in its entirety and declare the proceedings verily open and on and adjourned the matter to December 7, 10 and 14 for continuation”
