A police counsel, Mr James Idachaba, on Wednesday told the independent investigation panel that it does not have the power to investigate the decision of a competent court.
Idachaba made this claim when he was arguing his final written address in alleged disappearance of John Alozie.
The National Human Rights Commission (NHRC) panel is investigating alleged human rights abuses by the defunct Special Anti-Robbery Squad (SARS) and other police units.
The victim’s wife, Mrs Nnnena Alozie, alleged arbitrary arrest, enforced disappearance and detention of her husband by the police in a petition marked 2020/IIp-SARS/ABJ/73.
The respondents in the matter are: ASP M. Obiozor of the defunct SARS Awkuzu, Anambra; Uzi Emeana; Sunday Okpe, Anambra Commissioner of Police; and the Inspector-General of Police.
In his argument, Idachaba said that the matter in the petition was decided by a court of competent jurisdiction and what was left was to enforce the judgment of the court.
“When such is the case, it is wrong to repeal the same matter in another setting like the panel.
“This panel does not have the power to review whatever a court of competent jurisdiction decided,” he said.
According to Idachaba, it will amount to abuse of court processes.
He, therefore, urged the panel to dismiss the claims of the petitioner because it would amount to fragment abuse of court processes.
Mr Garba Tetengi SAN, who represented the chairman, retired Justice Suleiman Galadima, after listening to his argument adjourned for the panel report on the petition.
The News Agency of Nigeria (NAN) reports that the panel had on March 8, ordered that the CP legal, DCP Igbeh Ochogwu, who is with the file should appear before it with it (file).
Idachaba informed the panel that DCP Ochogwu denied knowing anything of the file.
He added that the CP legal said he had never seen such file and it was never in his custody.
Idachaba further informed the panel that Ochogwu never promised that he would produce the file to the panel.
Idachaba on March 22, had promised the panel that he would personally produce the case file of the victim.
He said he would produce the file once the CP legal returned from his trip.
Idachaba told the panel that he would bring the file as he had promised previously.
NAN reports that the panel had on Nov. 16, 2021, ordered the police to produce the petitioner’s husband.
It also told the police to produce the two vehicles, a Lexus and a Ford, the briefcase and documents taken away from the residence of the petitioner on June 15, 2017 when Alozie was arrested.
The panel further ordered that the police must produce before it all the officers mentioned by the petitioner in her petition and the case file of the victim.
The petitioner had in her petition before the panel, marked 2020/IIP/-SARS/ABJ/73, alleged arbitrary arrest and detention of her husband, John, by SARS operatives.
On Dec. 2, 2021, she alleged that six SARS operatives stormed their residence in Lekki, Lagos, on June 15, 2017 and whisked her husband away.
She informed that she later got to know that her husband was arrested for his alleged involvement in an alleged kidnapping while searching for her husband and the reason for his arrest.
“Since the day they arrested my husband, I have not seen him and I don’t know his whereabouts.”
”After the SARS operatives arrested my husband, they ransacked our bedroom and went away with some of our personal belongings including certificates, other documents, money, a Lexus and a Ford parked in our house,” she said. (NAN)