The police, on Monday, asserted before the independent investigative panel on human rights violations by the defunct Special Anti-Robbery Squad (SARS) and other police units that a petitioner, Blessing Emmanuel, has failed to prove the identity of the persons who allegedly killed her son, Uchenna Emmanuel, during the clash that broke out at Dutse, Abuja, on October 20, 2020.
The bereaved mother had petitioned the panel, set up by the National Human Rights Commission (NHRC), alleging that her son was extrajudicially killed by the police during a clash that emanated between the youth and personnel of the Nigeria Police Force (NPF) as a result of the #EndSARS protest.
Arguing his oral final address before the panel, headed by Dr Garba Tetengi SAN, on behalf of its chairman, Justice Suleiman Galadima (retd), counsel for the police, Fidelis Ogbobe, submitted that the burden of proof of facts was the petitioner.
According to Ogbobe, “The burden of proof of facts lies on he who asserts. In this situation, the petitioner has not been able to prove the allegation beyond reasonable doubt that the police killed her son extrajudicially.’
He added that in the present case, the identity of the alleged killers is very paramount and crucial in matters of extrajudicial killing.
He told the panel that the issue of identity was essential in proving the allegation of death, submitting that when the identity was in contention, the law would not rely on such testimony.
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The police counsel further told the panel that in the matter of Uchenna Emmanuel’s death, there were contradictory testimonies before the panel pertaining to the cause of death and who was actually responsible for the death.
Ogbobe stated that the bereaved mother’s testimony before the panel was refuted by the first defence witness (DW1), Inspector Kumode Ozovehe, adding that the statements given by the deceased father at the Dutse Police Station were contradictory.
He further submitted that the prosecution witnesses failed to establish the cause of Uchenna Emmanuel’s death and informed the panel that the petitioner rejected the police’s request to carry out an autopsy on the deceased with a view to ascertaining the cause of his death.
Earlier, counsel for the panel, Afolabi Olawale, who is assisting the petitioner, stated that the petitioner was relying on the evidence before the panel for justice to be served.
Meanwhile, the petition has been adjourned for the panel’s report.
In another development, the police also on Monday told the panel that they had no witnesses to call and no defence to put forward 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.
The petitioners had 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, marked 2020/IPP-SARS/ABJ/213, are CP Zainab Ibrahim, a former Commissioner of Police; SP Lawan Salhudden, former officer in charge of State Intelligence and Investigation Bureau; Inspector Inyang Saviour of SIIB, Delta State Police Command and Inspector Kingsley of Delta State SIIB.
Counsel for the police, Ogbobe told the panel that the police would rely on the evidence before the panel to give their final oral address.
The matter has been adjourned to March 30 for the adoption of final written addresses.
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