The Chairman of the continued panel of Inquiry into police brutality in Cross River State has overruled the Police on the problem of jurisdiction and adjourned the instances to December 7, 10 and 14.
The Police led by DSP Tehemba Dennis had questioned the jurisdiction of the probe panel saying that “We’re informing this panel that there’s a pending go well with towards this panel difficult the jurisdiction of this panel to take a seat and decide issues towards the respondent (Police).
“A go well with No: FHC/ABJ/CS/1492/2020, was filed by the respondent on the Federal Excessive Court docket Abuja, towards the 36 Chairmen of the Judicial Panel of Inquiry of Police Brutality in Nigeria, together with all of the 36 State Legal professional Generals.
“You’re the first defendant in Cross River State and the Secretary of this panel in his place because the Legal professional Basic and Commissioner for justice of Cross River State; my lord we want to inform this panel that in case the panel is but to resolve, we want time to take steps to see that the panel is served between now and Monday.
The Police had utilized that the matter towards the respondent (panel) must be adjourned until additional discover pending on the willpower of the go well with towards the panel, that the panel shouldn’t be a defendant in a go well with and be judging us.”
However the NBA Calabar Department Chairman, Paul Ibiala in his submission accused the Police of making use of delay techniques to cripple the panel including that, they’ll’t sit and permit the police truncate proceedings as a result of it’s all based mostly on speculations.
He submitted that for the reason that panel haven’t been served, the panel ought to vehemently discountenance the applying, “We can’t sit right here and permit him to come back and truncate the listening to of the matter immediately by any speculative data of an motion pending.
“We need to protest vehemently the applying made by the respondent. The objection relies on the truth that our legislation was not mapped on the premise of hypothesis; the applying of the respondent is speculative.
“That is so as a result of by his personal admission this panel has not been served with any course of. We’re saying that the announcement of the pendency of the go well with towards the panel can’t function a scarecrow to cease this panel from working.
“We submit that the applying of the respondent be discountenanced and the proceedings of this panel ought to proceed. We won’t proceed to permit procedures to be abused earlier than this panel.” He said.
In his ruling, retired Justice Michael Edem jettisoned the applying by the Police saying the panel will not be a religion tester or tabernacle or non secular congregation.
“This isn’t for a court docket of legislation, to these issues I jettison and refuse the applying in its entirety and declare the proceedings verily open and on and adjourned the matter to December 7, 10 and 14 for continuation”