— Says Judicial panel Did not form quorum before sitting to hear application.
— Says LCC is not a proper party before panel and has no locus to make such an application
— Faults grant of Plaza to LCC, as it would compromise investigation.
Four members of the Lagos State Judicial Panel of Enquiry and Restitution for Victims of SARS related abuses and the Lekki Toll Gate incident have alleged that the Lekki Concession Company (LCC) of withholding critical information from forensic experts probing the plaza for evidence of shootings.
Delivering its dissenting opinion today, the 6th of February 2021, the Senior Advocate noted that the panel cannot have formed the requisite quorum to have a hearing, as the representative of the youths and the Civil Society Organization [CSO] were not present at the sitting of the panel on the 6th of February, 2021.
Furthermore, the Learned SILK opined that given that Investigations were still ongoing and that the Toll plazas were made part of the terms of reference of the panel, it was premature for the panel to have handed over the Toll plazas to the LCC, and that even entertaining such an application from the LCC, in contravention of the terms of reference of the panel is ultra vires. Moreso, Adegboruwa SAN noted that the LCC not being a valid party before the panel could not even be heard making such prayers.
They claimed that LCC, which operates the toll plaza, denied the experts access to their servers and failed to provide them with information on who ordered the extraction of CCTV footage; date & time of extraction of the footage from the CCTV; a method used for the extraction, among others.
Three other members of the Panel, Ms Patience Patrick-Udoh, representing civil society, Miss Rinu Oduala and Mr Temitope Majekodunmi, both representing the youth EndSARS protesters, also dissented and opposed the opening of the toll gate.
In full dissenting opinion:
IN THE LAGOS STATE JUDICIAL PANEL OF INQUIRY ON RESTITUTION AND COMPENSATION FOR VICTIMS OF SARS ABUSES AND OTHER RELATED MATTERS
HOLDEN AT LCIA, LEKKI, LAGOS
THIS 6TH DAY OF FEBRUARY, 2021
IN THE MATTER OF LEKKI TOLL GATE INCIDENT OF 20TH OCTOBER, 2020
IN RE: APPLICATION BY LEKKI CONCESSION COMPANY TO TAKE OVER TOLL PLAZAS 1 AND 2 FOR INSURANCE CLAIMS AND TO MAINTAIN SECURITY THEREAT
BEFORE:
THE HONOURABLE JUSTICE DORIS OKUWOBI RTD
MR. EBUN-OLU ADEGBORUWA, SAN
MRS. OLUWATOYIN ODUSANYA
D.I.G. TAIWO LAKANU, RTD
MS PATIENCE PATRICK-UDOH
MR. OLUWASEGUN AWOSANYA
MR. LUCAS KOYEJO
MISS OLORUNRINU ODUALA
MR. TEMITOPE MAJEKODUNMI
APPLICATION BY LEKKI CONCESSION COMPANY TO TAKE OVER TOLL PLAZAS 1 AND 2
DISSENTING OPINIONDELIVERED BY:
EBUN-OLU ADEGBORUWA, SAN
PRELIMINARIES
JURISDICTION
At the inauguration of the Panel, it was made clear to the members that the Panel could not form a quorum without the youth representatives, such that the Panel could not sit until the youth representatives were sworn in to join the Panel.
When after the Panel started sitting, the youth representatives withdrew from the Panel on account of freezing of the account of the youth members of the Panel, the Panel had to suspend its sittings. Indeed precisely on 7th November, 2020, the Panel delivered a ruling that it could not form a quorum in the absence of the youth representatives.
Furthermore, in its meeting of 18th December, 2021, the Panel also decided on the issue of its quorum to the extent that if the members of the civil society and the youth representatives on the Panel are absent for tenable reasons, then the Panel would not form a quorum.
Thus, the quorum of the Panel is not based on majority but rather on representation, which is why there are two representatives each of civil society and the youths in the Panel, such that at every point in time, one of them have to be present for the Panel to form a quorum.
Thus, the sitting of the Panel on 6th February, 2021, did not constitute a quorum at all. In any event, in a Panel of nine members, five members do not constitute majority of the members.
LEKKI TOLL GATE INCIDENT
Upon the inauguration of the Panel, members were informed that the Lagos State Government had decided to add the Lekki Toll Gate Incident of 20th October, 2020, to the terms of reference of the Panel. Members insisted on an amendment of the original terms of reference to reflect this addition and same was provided by the Honourable Attorney-General of Lagos State.
SUMMONS TO LEKKI CONCESSION COMPANY
Consequent upon the amendment of its terms of reference, the Panel issued a Summons to invite LCC to appear before it to testify and tender documents.
INSPECTION OF ADMIRALTY TOLL PLAZA
On 30th October, 2020, the Panel visited the Admiralty Toll Plaza 1, led by the Managing Director of LCC, for inspection. Proceedings have continued before the Panel on the Lekki Toll Gate Incident of 20th October, 2020 thereafter.
TESTIMONY OF LCC
The LCC has appeared before the Panel on several occasions, to testifty. It has tendered video clips of the CCTV footage of 20th October, 2020 and other materials.
FACTS NOT IN DISPUTE
From the testimony of the Managing Director of LCC and the Nigerian Army before the Panel, the following facts are not in dispute:
1. LCC is fully owned (100%) by the Lagos State Government;
2. There was an incidence of shooting at the Admiralty Toll Plaza 1 on 20th October, 2020;
3. The shootings involved both blank and live ammunitions;
4. There are claims and counter-claims of fatalities, resulting from the shooting incidence at the Admiralty Toll Gate, pending before the Panel;
5. Investigation and proceedings are still ongoing on the Lekki Toll Gate Incident of 20th October, 2020, before the Panel.
APPLICATION BY LCC TO TAKE OVER TOLL PLAZAS 1 AND 2
Virtually at every proceeding of the Panel involving the LCC, the company has made repeated applications to the Panel to take over and re-open the Admiralty Toll Plaza and the Lekki-Ikoyi Bridge Toll Plaza, for the purposes of assessing insurance claims and to maintain security at these locations.
DISSENTING OPINION
I have had the privilege of the mindset of some other members of the Panel favourable to the application of the LCC. I do not agree with or subscribe to the decision of majority members of the Panel on this matter, to permit LCC to takeover the Toll Plazas, leading to the Dissenting Opinion delivered herein.
WHY LCC CANNOT TAKE OVER THE TOLL PLAZAS
JURISDICTION
1. The Toll Plazas were handed over to the Panel by the legal owner thereof, that is the Lagos State Government, through the amendment of its terms of reference to include the Lekki Toll Gate Incident of 20th October, 2020. Therefore, the Panel has jurisdiction over the Toll Plazas for the duration of its assignment. By the Amended Instrument and Terms of Reference of the Panel, it lacks the jurisdiction to hand over the Toll Plazas until it has concluded its assignment. It is ultra vires the Panel to entertain any application from the LCC to take over the Toll Plazas.
INVESTIGATION STILL ONGOING
2. Investigation by the Panel over the Lekki Toll Gate Incident is still ongoing. It will therefore be premature to hand over the Toll Plaza that is still subject of Panel’s investigation and proceedings, to LCC.
3. The Panel is yet to come to any finding in respect of the Lekki Toll Gate Incident of 20th October, 2020. A takeover of the Toll Plazas by LCC will be prejudicial to the ultimate findings of the Panel. It will overreach whatever decisions the Panel may reach and foist a situation of complete helplessness and a fait accompli, on members of the Panel, in respect of any recommendation that it may make, on the general operations of the Toll Plazas.
4. The Panel is yet to ascertain the claims and counter-claims of fatalities and massacre of citizens on 20th October, 2020. If indeed such is established eventually, taking over the Toll Plaza at this time, upon the blood of the innoncent citizens, will be insensitive, callous and totally uncharitable to the memories of those who may have died.
PENDING PETITIONS ON THE LEKKI TOLL GATE INCIDENT
5. There are not less than ten independent petitions still pending before the Panel in respect of the Lekki Toll Gate Incidence of 20th October, 2020. It will be prejudicial and overreaching those petitions for LCC to takeover the Toll Plazas before these Petitions are heard and determined, by the Panel.
APPEARANCE OF LAGOS STATE GOVERNMENT
6. The Lagos State Government has been summoned by the Panel and it is yet to appear, to offer its own testimony of the accounts of 20th October, 2020. The Governor of Lagos State in an open broadcast, promised to hand over a camera picked up by the Honourable Minister of Works and Housing, Mr. Babatunde Fashola, SAN, to the Panel. That has not happened. The Nigerian Army made very serious allegations against the Lagos State Government during its testimony, on the incident at the Lekki Toll Plaza, which are yet to be responded to.
7. Allegations have been made against the company responsible for the Bill Boards at the Admiralty Toll Plaza, as to who did and why electricity was switched off on 20th October, 2020, prior to the invastion by the Army. The company is yet to appear before the Panel.
8. Summons have been issued for the appearance and testimony of the Chief Pathologist of Lagos State, to appear and to tender autopsy reports of deaths and CCTV footages of all mortuaries in Lagos State, from 20th October, 2020. They are yet to appear before the Panel.
FORENSIC REPORT NOT CONCLUDED
9. The Panel commissioned a forensic expert to undertake a forensic examination of the Toll Plaza, to examine documents, videos and CCTV footages submitted to the Panel and to submit a comprehensive report thereon. The Panel is yet to receive the full details of the forensic report.
LOCUS STANDI OF LCC
10. The LCC is not a party to any pending before the Panel, to enable it make a valid application before the Panel, to take over the Toll Plazas. LCC is only appearing before the Panel upon a Summons. The time for LCC to submit its own petition before the Panel has already elapsed on 22nd December, 2020.
OVERREACHING FINAL REPORT OF THE PANEL
11. The final report of the Panel will lose credibility, if ever before it is submitted the subject matter of its investigation and proceedings, is already compromised.
12. From the evidence tendered by LCC before the Panel, there is adequate security at the Toll Plazas presently, to the extent that all attempts made by hoodlums and thieves to steal thereat, have been frustrated by the security agencies. This cannot therefore justify the application to takeover the Toll Plazas.
13. A takeover of the Toll Plazas, at this time, is hasty, premature and will overreach the work and eventual recommendations of the Panel. (Thenigerialawyer)
