Lekki Report: White Paper should ignore findings inconsistent with evidence —Enitan, Lagos State counsel

Mr. Olukayode Enitan (SAN), counsel to Lagos State, spoke to Channels TV on the controversy trailing the unauthorised release of the report of the panel that probed the Lekki shooting.

So much as you know is being said about the #EndSARS panel, and the state government’s approach and all of that. But considering the immediate comments on the document being circulated, perhaps we should even start by asking you, what is your impression about that document that is being circulated at the moment?

That document could only have come from someone who was on the panel.

You could say for sure?

The only people who had it were members of the panel and that was a soft copy. Who could have had a soft copy as at the day the hard copy was being given to the government? It could only be members of the panel. So, one of them deliberately leaked it for whatever purpose.

It seems from all you’re saying you’re literally putting question marks on the integrity of the members of the panel.

I do not doubt their individual integrity. However, the fact remains that, that document that is in the public domain could only have come from one of us. Who exactly that was, the person’s conscience tells him that he did it.

Are you then confirming that this leaked report is the authentic one?

I cannot speak to the authenticity. But what I can say is that a member of the panel has publicly acknowledged that document as being the report, though this has some errors as he called it.

Should we take the pains to read or wait for the state government to release the report itself? So that people will know we are speaking to the right document.

The government is not expected to release the report.

Why?

Panels of enquiry, according to the law, Tribunal of Inquiry Law of Lagos State, the Panel will sit, take evidence and form their report, submit it to the government; government will seal that report and now come up with a White Paper stating, we have seen this, we accept this, we do not accept this and they will put the reasons. That is what the White Paper is for. It is the White Paper that we are all supposed to be discussing not the report.

What law would be broken if the state government releases the report before the White Paper?

That will go contrary to the Tribunal of Inquiry law.

 I’m very sure you are well aware of several such panels of inquiry whose reports never saw the light of day until they were investigated by journalists; whose White Papers never saw the light of day, whose recommendations were never taken up at all and which left many people with the sense that justice has been delayed.

That is correct, but then that is not the situation here. When it was submitted to the governor, he did say that he was setting up a Panel and he immediately set that Panel up; go and look at it and let us see what we are going to put up. And he gave a date of two weeks.

Which is some days from now.

Exactly. But, on the same 15th (November), someone obviously could not wait, but went ahead and leaked that report. Because by the evening of the 15th, it was all over the place. I read it that night when I saw it in one of those social media fora that we belong to.

So, what does the state government think about this?

I’ve not spoken to the governor.

Do you think that they will be upset with this scenario?

I am not in a position to say. But what I can say to you, is that having read that report, I can assure you clearly that there were discrepancies. For instance, at page 287, the Panel found medical evidence from Dr Lawson and Dr Aranmolate of Reddington Hospital and Grandville Trauma Centre respectively reported at least one death at both facilities; that is not true.

Pages 56 to 68 contain the evidence of Dr Lawson of Reddington. Dr Lawson never said anybody died in their facility. Grandville, which is operated by Dr Aranmolate; his evidence is contained at pages 109 to 115. he never said anything about anyone having died. He brought a list of everyone that was presented at his facility over the cause of about two or three days. Now, forensics, the panel at page 287 said Sentinel Forensic Limited, engaged by the panel, confirmed that multiple muzzle flashes consistent with discharge of ammunition were observed. Forensic experts also noted that at the commencement of engagement for the most part, the muzzle flashes appeared to be directed upwards and, at other times, (in the) direction of the protesters. Experts further noted that there were instances where two people sustained injuries and all of that.

But what was the evidence? Page 8 of the forensic report tendered by Sentinel states clearly that there were no visible signs of bullet fragmentation or impacts from high velocity projectiles; observed fragmentation was not consistent with impact from lower velocity projectiles.

This gentleman was taken up on what he read. He went through the entire tollgate area, went through the entire structure at the tollgate. He said he could not find anything struck by a high velocity projectile, which is a bullet consistent with military ammunition. Now page 15, where he was talking about muzzle flashes. It says the analyst of the sparks believed to be muzzle flashes and an indication of shots fired, more muzzle flashes are observed all appearing to be directed upwards. Referring to page 17 of the report, the type of ammunition discharged could not be determined from the footage. Now, this gentleman watched the LCC footage, the experts engaged by Lagos State watched the same LCC footage, particularly as shown on CNN. What did the panel do? The panel made a buffet of the evidence, took the one that is right, condemned the other ones, as saying that the person did not speak with participants, did not speak with victims, did not speak with protesters. However, this expert had the medical report of all the victims or alleged victims. He had their records which were tendered by Dr Lawson, by Dr Aranmolate using the medical records, subjected to examinations. Medical forensics determined that, of all the victims, some were indeed shot by high velocity guns after 9pm, but every other person was shot by low velocity guns, meaning guns that shoot cartridges and that discharge bullets.

What does that entail?

That means they were not shot by law enforcement agents.

When you started out, you made reference to a member of the panel who said there were errors. But I think the same member also said those errors were corrected before they submitted to the state government. And you said there were two hard copies submitted to the state. What are people supposed to do? How do we know that what is here is not the right one that is here?

Very well remember, the findings that everyone is speaking to we have not seen the hard copy; all we have all seen is just 309 pages. How many of those speaking to the findings bothered to read the evidence contained in that report?

In that same document, the facts that you are speaking of, they are valid. But have you also considered that part of that same leaked report that talked about the fact that there were talks about deploying trucks with brushes washing away what would have been evidence?

That was said in the report of Forensic Sentinel as something that was picked from open source. Go to LAWMA twitter handle, which is where they said they saw that LAWMA MD said that they had commenced the cleaning of Lagos. That tweet was on the 23rd of October.

Mr. Enitan, the soldiers also confessed to the panel that they fired both live and blank bullets. Was that right? Yes, or no?

That’s correct, but they never said they shot at any individual based on evidence on the record. I don’t do conjecture I will back it up.

Would you be recommending, if you had to, to the Lagos State Government that this report should be discountenanced?

If I were to take a decision on this report, I will look at the evidence contained in the report. I will look at the findings; definitely there are findings that make sense regardless of the evidence. Definitely the police need training. There should be psyche evaluation and all of that.

What will be your recommendation to the government of Lagos State if you had your way?

Based on what I can see in the evidence as a lawyer, I am not talking sentiment, as a lawyer, there are some findings that should be thrown out, based on the evidence in the report. Findings that are not consistent should be thrown out and findings that are consistent with evidence, definitely, should stand. The evidence is in the public domain, people should read it.