Maxwell Dul A Policeman Not An Armed Robber Witness Tells Panel

* IIP-SARS Orders Release Moses Mfe’s  Body To Family*

A witness, Mr Ndam Tokbe before the Independent Investigative panel on Human Rights Violation by the Defunct   SARS and other Units of the Nigerian Police Force Thursday told the IIP-SARS that Maxwell Dul who was extra-judicially killed was a police officer.

Tokbe who was led in evidence by DG Dashe, a complainant and counsel in the matter narrated how it all happened on that fateful day.

According to the witness sometime in February 2019 while in his office at Apapa in Lagos he received a call that Maxwell was arrested and was told to come to the police station at the Railway for more details. On reaching the station he (Tokbe) was informed by Maxwell’s colleagues that Maxwell was arrested the previous day.

Furthermore, the witness said he was told by the officers that Maxwell was hit by a bike man who was riding his bike on one way, he insisted on arresting the bike man and taking him to the police station for breaking traffic rules.

On the other hand, the witness narrated that the bike man raised an alarm that Maxwell wanted to collect his bike and this attracted the attention of the public.

Meanwhile, the witness told the panel that Maxwell was taken to Denton Police station upon his arrest and he went there in the company of other police officers who are his colleagues to identify him.

“But after staying the whole day they were not allowed to see him. They left to return the next day and upon returning the next day they were told the case has been transferred to SARS in Ikeja”, the witness stated.

According to him, when they returned the next day they were told at SARS that Maxwell was dead.

According to the witness, when they asked for his corpse they were told that it had been deposited at mainland hospital, Yaba, Lagos state and the case file transferred to Panti, Lagos for further investigation. He said the police asked him to mobilise them for the case to be reopened. At Panti, the witness said they asked for the corpse and were told he is an armed robber therefore the government will bury the corpse.

However, the witness said after much ado, the police gave him a written letter stamped with the deceased photograph and he used it to identify the corpse at the hospital.

Tkobe said he did identify that it was indeed Maxwell but he said he noticed bruises on the body and one of his eyes was opened the other closed which he said was a result of torture.

Also testifying before the panel the deceased sister Maryamu Maxwell told the panel that she was told by her uncle that Maxwell her brother is dead.

According to her she quickly called upon Mr. Ndam Tkobe and DG Dashe Esq to confirm the news.

Leading her in evidence, Mr. Dashe said she brought out an identity card with a photograph to show that the deceased was indeed a police officer,  which he as the counsel decides to tendered to the panel as an exhibit.

The Chairman of the panel who was represented by Garba Tetengi SAN has asked the police to produce all the respondents in the matter to enable the panel to unravel the truth.

Meanwhile, the police have asked for an adjournment to enable them open defense, and the matter was adjourned till the 1st of December 2021.

Meanwhile, the Independent Investigation Panel on allegations of Human Rights Violations by SARS and other units of the Police Force on Thursday ordered the Nigerian Police to release the body of late Moses Mfe to his family for burial.

Dr. Garba Tetengi (SAN) who made this order while presiding the 11-Member panel on behalf of the Chairman, Justice Suleiman Galadima (rtd) agreed with complainants’ counsel N.T. Utsaha that since the Police have informed the panel about the death of Moses Mfe, the proper thing will be for the panel to order the release of his corpse to his family.

The counsel accordingly made an oral application to the panel for the release of Mfe’s corpse and it was granted.

Besides, Utsaha told the panel that there is a need to investigate the circumstances of the death of Moses Mfe in the interest of justice.

Prior to the above, Utsaha told the panel that it appears that the police are not interested in continuing with the matter even when it is necessary to unravel the truth about the matter.

He recalled that the order of the panel that Tersoo Toona who the Police alleged was an armed robber with the late Mfe should be taken to Makurdi, Benue state for trial was carried out.

He further informed the jurists that the order for arraignment was obeyed by the Police and that the suspect was granted bail and was subsequently released from prison pending trial.

It will be recalled that the panel had in November 2020 ordered the police to arraign Raphael Tersoo Toona before a competent court of jurisdiction in Benue State on or before December 23, 2020.

Two suspects: Raphael Tersoo Toona and Moses Mfe, had through their Counsel, Utsaha, petitioned the panel, alleging arbitrary arrest and detention as well as cruel, inhuman and degrading treatment.

They joined one Inspector Vincent Makinde of the Inspector-General of Police Intelligence Response Team; Commander, IGP-IRT, FCT Commissioner of Police; and IGP in the suit.

The Panel Chairman made the order for Toona’s arraignment, following Utsaha’s application for either his conditional or unconditional release on bail, pending the hearing of the petition.

The case was adjourned for a report of the panel.

Similarly, Counsel to the police, Mr. Fidelis Ogwobe, in an oral submission before the Independent Investigative Panel on allegations of human rights violations by the defunct Special Anti – Robbery Squad (SARS) and other units of the Nigerian Police, disclosed that there is no medical report or any other document to substantiate that Mr. Francis ogbaji was subjected to gross human rights violation by the police as alleged

In the case of alleged arbitrary detention, torture, cruel, inhuman and degrading treatment, before the panel, Mr. Ogwobe said “The petitioner has failed woefully to prove the allegation of torture cruel inhuman and degrading treatment against him by the respondent (police) in the petition”.

He said there is no evidence from the petitioner, to support the allegation before the panel that the police starved, tortured and handcuffed his wrists, resulting in injuries on his wrists, and his subsequent unlawful detention for 35 days on the order ACP Mantu of State Criminal Investigation Department( SCID) FCT.

The police counsel buttressed this point by relying on the Evidence Act of 2011 that regulates the admissibility, relevance, and other processes relating to the use of evidence in a legal proceeding.

Citing sections 131 and 133 of the Evidence Act which provides  that the burden and standard of proof  in any proceedings lies on  anyone who desires judgment on any legal right, the person should present facts  and must prove that those facts exist  beyond a reasonable doubt, this he (Ogwobe) stated are lacking in the petitioner’s submission

Ogwobe disclosed to the 11 man panel that Ogbaji was arrested by the police for the offence of armed robbery and under Section 1(2b) of the Robbery &Firearms Special Provision describes armed robbery as a capital offence.

Continuing his oral address, Ogwobe stated that Section 35(7) of the Constitution of the Federal Republic of Nigeria 1999 provides that any offence that falls under capital offence, the suspect will not enjoy the right of being held in detention beyond 48 hours maximum, before being charged to court.

From the foregoing, the allegation that he was detained for 35 days does not substantiate the breach of his right. Ogwobe concluded by urging the panel to dismiss the petition.

The Counsel to the Petitioner, Duhu Nnaemeka in his written address which was dated and filed on 19th November 2021 and adopted by the panel urged the panel to enforce the fundamental rights of Ogbaji and a public apology from the Police.