The independent investigative panel on the defunct SARS and other police units set up by the National Human Rights Commission (NHRC), on Thursday, ordered the police to immediately arraign a suspect before a competent court of jurisdiction in Benue State on or before Wednesday, December 23.
The suspect, Raphel Tersoo Toona and Moses Mfe, had, through their counsel, N.T. Utsaha, petitioned the penal alleging arrest and detention arbitrary, cruel, inhuman and degrading treatment.
They joined one Inspector Vincent Makinde of the Inspector-General of Police Intelligence Response Team (IGP-IRT); Commander IGP-IRT, the FCT Commissioner of Police and the IGP.
The panel chairman, Justice Suleiman Galadima (retd), gave the order for Toona’s arraignment following Utsaha’s application for his either conditional or unconditional release on bail pending the hearing of the petition.
Justice Galadima ordered that “The first complaint should be taken to Benue State to be arraigned before a court of competent jurisdiction on or before December 23, 2020, where his bail should be considered, considering the fact that he has been in detention for more than a year.”
He then adjourned the hearing of the petition till March 2, 2021.
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Earlier, counsel for the respondents, Fidelis Ogbobe, informed the panel that the first respondent, Inspector Makinde was seriously sick and was currently in Lagos.
He further informed that the Commander, IGP-IRT, DCP Abba Kyari, was currently in Katsina State for a special assignment.
The panel had on Monday, December 14 summoned the two officers to appear before it today.
Ogbobe informed that he met with Toona yesterday at the IGP-IRT office in Abuja, where he was currently being held and interviewed him.
According to the police counsel, his findings revealed that the police approached the Grade One Area Court, Nyanya, sitting at Mpape and got a remand order for the first complaint at Suleja correctional centre.
He added that based on the legal advice received by the police that Toona’s alleged offence was committed in Benue State and as such should be arraigned there, the police went to take him from Suleja correctional centre.
Speaking on Moses Mfe, Ogbobe informed that the second complainant was dead, saying that, “from my investigation at the office of the second respondent, they said he fell sick and was taken to the police clinic at Area 1, Garki, Abuja. He was treated and discharged.
“On November 19, 2020, he fell sick again and was rushed to the University of Abuja Teaching Hospital, Gwagwalada, where he later died.”
He told the panel that there was a wireless message, dated November 23, 2020, sent from the IGP-IRT office to the IGP office, notifying the police boss of Mfe’s death, adding that autopsy had been requested.
Ogbobe added that he had directed one Sergeant Godfrey Odoh to go to the hospital and get information in respect of the corpse.
NHRC panel orders immediate arraignment of suspect in custody for more than one year
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