The Lagos State Judicial Panel on Restitution for Victims of SARS related abuses and other matters has suspended its sitting until further notice, 27 working days to its October 19 deadline.
Panel chairman Justice Doris Okuwobi (retd) explained that it needed the time off to collate and evaluate petitions already heard.
“There are two reports that we are expected to work on; we are not close enough to any of them. We cannot continue with the sitting and end the assignment without concluding. So, we will not be sitting from today.
“We have to collate and evaluate petitions already heard so as to make findings and recommendations, even on the Lekki shooting. But as soon as we find ourselves in a comfortable situation, we will send hearing notices for cases that have been listed.
“Please bear with us, we cannot speculate on any further extension. We have to work towards completing the assignment as early as we can.
“This is without any prejudice to us coming back to conclude on part-heard cases. Dates will be communicated to petitioners who have petitions pending,” Okuwobi said.
Following the announcement, the panel went on to hear and conclude the cross-examination of a pathologist, Professor John Obafunwa, and one of the #EndSARS coordinators, Serah Ibrahim.
Both witnesses were discharged after they concluded their testimonies.
Before the panel rose for the day, lead counsel to the Lagos State Government, Mr Abiodun Owonikoko, SAN stated that the state intended to call two expert witnesses – a ballistician and a security expert, with regards to the Lekki shooting.
Owonikoko said: “One of the experts was commissioned from the United Kingdom and the other is a highly placed security expert.
“We want an indication on when the panel will reconvene so that we can guide them on when specifically they will appear.”
The panel took a short break to decide how to respond to this submission.
When it resumed, Justice Okuwobi said: “On the application, the quality of the witnesses we envisage will slow the panel down… we only have 27 working days to the end of this assignment.
“We are of the firm view that we cannot accommodate such evidence at this time. It will be highly impossible and impracticable to take the two witnesses and it is the panel’s greatest concern that we get our report ready for the terminal date of this assignment.”
The panel’s ruling did not please some of the counsel.
Co-counsel for the Lagos State Government Mr Olukayode Enitan, SAN, reminded the panel of his earlier suggestion on “front-loading”
He said: “At the beginning, I suggested that front-loading should be adopted. My lord, we are back there.”
He argued that it would be unjust to not take his party’s witnesses.
“It will be most unfair to not want to hear what we want to say. I would advise that the panel adopt a process that will ensure that all sides are heard.”
Counsel for the Lekki Concession Company (LCC), Mr Rotimi Seriki, agreed.
“I believe that in the interest of justice and given that this is a fact-finding exercise, any piece of evidence that will allow this panel in arriving at a decision should not be shut out,” Seriki said.
When the panel head asked Mr Enitan if the expert witness could be flown in immediately, he said no, because he had to observe the COVID-19 travel protocol.
A counsel for some of the #EndSARS protesters, Mr Adeshina Ogunlana, proposed that the panel should take the expert witness by virtual means, adding that sittings be either extended or an additional weekday be added.
The panel was expected to conclude its sitting on October 19.
Reacting to the turn of events, panellist Mr Ebun-Olu Adegboruwa, SAN, alleged a sinister move against the panel.
“There are attempts to frustrate the #EndSARS Judicial Panel from reaching meaningful conclusions on investigations into the Lekki Toll Gate incident of 20th October 2020. I will give details subsequently,” Adegboruwa said in a statement to journalists.
