The independent investigative panel on human rights violation by the defunct SARS and other police units, on Tuesday, declared that the Inspector General of Police had access to the files and other relevant records at the IGP Intelligence Response Team (IRT).
This is even as the panel, set up by the National Human Rights Commission (NHRC), fixed March 30 to hear embattled DCP Abba Kyari in a petition of alleged unlawful arrest of three persons.
A member of the panel, Dr Garba Tetengi SAN, made the declaration at the resumed hearing of a petition, marked 2020/IIP-SARS/ABJ/205, filed by Ambrose Mairungu and Blessing Choji Dung, alleging unlawful arrest and detention tortured and inhuman treatment received from Kyari by Yakubu Danjuma, Ibrahim Daniel and Choji Dung.
Following the failure to bring the three victims before it at today’s sitting as earlier directed by the panel, Dr Tetengi, who presided on behalf of the chairman of the panel Justice Suleman Galadima (retd), asked the police lawyers, “If Abba Kyari is not there, are they (the victims) not in police custody?”
According to the acting chairman, “Police is an institution which we all know. It is the umbrella organisation of all the officers and units working within the institution. Abba Kyari’s absence should not cripple investigations, meaning the police should be able to provide necessary information any time the need arises whether an officer is on duty or not.”
The senior advocate expressed disappointment at the refusal of the police to comply with the panel’s order to produce the victims before it.
He then directed the police to go through their records at the IRT and stop being on the defensive and told the counsel for the police, James Idachaba, “you are the IGP we know as far as the panel is concerned.”
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Responding, Idachacba informed the panel to take judicial notice of the fact that they are not representing Abba Kyari, saying that this was the reason the police legal team asked the panel to summoned him (Kyari) personally to appear and clear the air.
Idachaba told the panel that Kyari was not in the custody of the police, hence the inability of the police to extract information from him.
Reacting, counsel to the petitioners, S I Ugo, urged the panel to impress it on the police to produce Yakubu Danjuma, Ibrahim Daniel and Choji Dung, who are still in their (police’s) custody, lamenting that the police have not informed their families of the whereabouts of the victims.
Meanwhile, the panel has adjourned proceedings in the petition to March 30 for the embattled Kyari to tell it his own side of the story.
This followed an administrative letter written to the chairman of the panel by counsel for Kyari, Abdullahi Haruna SAN, requesting that all petitions Abba Kyari’s name is mentioned be made available to him to enable him to study same and respond appropriately.
Haruna further prayed the panel to afford him with the proceedings on such cases and requested that the panel grant him a period of two months to respond to the petitions.
This was, however, turned down by the panel on the ground that it has a limited period within which to complete its assignment.
The panel had on Friday, March 11 ordered the chairman of the National Drug Law Enforcement Agency (NDLEA), Brigadier-General Buba Marwa (retd) to produce the embattled Kyari before it today based on the petition.
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IGP has access to IRT files despite Abba Kyari’s suspension, NHRC panel tells police