A police lawyer, on Wednesday, told the investigative panel on human rights violations by the disbanded SARS and other police units that once a principal was disclosed, an agent had no liability, even as he urged the panel to strike out the names of police officers mentioned in a petition before the panel.
The lawyer, Fidelis Ogbobe, said this while making an oral address in a petition filed by Comrade Godwin Ikolo and five others, on behalf of the national Commercial Tricycle and Motorcycle Owners and Riders Association, Delta State, before the panel set up by the National Human Rights Commission (NHRC).
The petitioners had in the petition, with the number, 2020/IIP-SARS/ABJ/213, alleged unlawful arrest, detention, cruel, inhuman and degrading treatment, seizure of property, malicious prosecution and extrajudicial killing of one late Joseph Ovedje.
Respondents in the petition are CP Zainab Ibrahim, a former Commissioner of Police; SP Lawan Salhudden, former officer in charge of State Intelligence and Investigation Bureau; Inspector Iyang Saviour of SIIB, Delta State Police Command; Inspector Kingsley; Inspector Michael, O/C Legal Area Command, Delta State Police Command and DSP Nwabueze Temitope, ‘A’ Division Police State, Delta State.
Other respondents are the Commissioner of Police, Delta State and the Inspector-General of Police.
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According to Ogbobe, it was obvious that the petitioners had problem with the Delta State government even based on the evidence before the panel and not the police.
He added that it was the state government officials who went to raid the association’s office, adding that the petitioner even stated that the state Commissioner of Police tried to broke peace between them and the state government.
Ogbobe submitted that any police personnel were involved in the state government’s operation, they were only an agent of the Delta State government.
“It is settled that any agent has no liability when the principal is disclosed. The agent of a disclosed principal bears no liability. The principal, in this case, is the Delta State government,” Ogbobe submitted.
He further submitted that having failed to being the principal before panel, it (panel) should strike out the names of all police officers mentioned in the petition, saying that, “the right party to be sued is the principal and not the agents.”
Speaking on the allegation of extrajudicial killing of Ovedje, the police lawyer said the deceased died 90 days after the purported incident, adding that there was no disclosure of any officers who caused the death.
He further said that the son of the deceased testified before the panel that his father had high blood pressure, adding that there was no autopsy conducted to reveal the cause of death.
Ogbobe told the panel that the petitioners’ case had failed since they were unable to prove that they were entitled to compensation and that had not raised any allegations against the respondents.
While admitting that the petitioner’s have the right to join any association, the police counsel said the main issue between them and the state government was on collection of revenues and not that of belonging to any associations.
Ogbobe said the petitioners failed to bring the necessary party before the panel, which he argued had made the case failed.
Counsel for the petitioner, Sulaiman Abubakar, had earlier adopted his final written address and urged the panel to grant all the reliefs sought by the petitioners.
The acting chairman, Dr Garba Tetengi SAN, adjourned the petition for the panel’s report on it.
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