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Alleged enforced disappearance: Police requests written order to produce retired police officer

Core Reporters by Core Reporters
November 4, 2021
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Lead counsel to the Police Mr. James Idachaba at the ongoing investigative panel on human rights violations by the defunct SARS currently sitting in Abuja, on Thursday requested for a written order from the 11- man panel to assist them to produce a retired police officer Mr. James Nwafor over his involvement in the case of alleged enforced disappearance brought before the panel. 

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The matter which was adjourned for the continuation of hearing and defence when it came up on March 2, 2021, has suffered a setback as both the petitioner,  his counsel, first and second respondents were absent at Thursday’s sitting. 

 Counsel to the panel, Chino Obiagwu SAN gave an update on the matter stating that, at the last sitting in March, the petitioner presented two witnesses and had one more to present before the panel. 

Obiagwu SAN, therefore, pleaded with the 11- man panel to oblige the petitioner one more adjournment in order to be served notice of hearing by the panel’s Secretariat, citing the proximity of the petitioner which he said is in Anambra State as a possible reason for his nonappearance. 

 Earlier, Chino Obiagwu had countered the speculation made by lead counsel to the Police, James Idachaba who claimed that the whereabouts of Mr James Nwafor is unknown to him. 

 In his words, the learned SAN stated that “it is a known fact that Mr. Nwafor is presently serving as Special Assistant to the Anambra State Governor on security issues”. 

 The chairman of the panel, Justice Galadima rtd, while consenting to the request of a written order made by the police, further directed Chino Obiagwu SAN to give detailed information at his disposal to the Police counsel on the whereabouts of Mr. James Nwafor, as this will facilitate his appearance before the panel at the next sitting. 

The matter was adjourned to November 24, 2021, for the continuation of the hearing and defence. 

In a related development, Justice Galadima expressed the panel’s commitment to handling all cases brought before it dispassionately with a view to ensuring fairness. 

The retired supreme court Justice made this pronouncement while addressing one of the counsel to the Police,  Mr. Malik D Taiwo in the case of alleged violations of rights to life,  right to human dignity, right to personal liberty and right to property brought before the panel. 

At the last hearing in a petition before the panel filled by Stephen Udeogu and Nkeiru Udeogu the two petitioners gave oral testimonies and were cross-examined before the matter was adjourned to April 2021 for defence. 

 Recounting the incident, the second petitioner narrated how Stephen Udeogu was shot by Micheal Ekot Agbai ( a k a death) for no just cause. 

The panel had previously ordered the appearance of the first respondent (Mr. Micheal) before the honourable panel to defend allegations against him but failed to appear.

On the whereabouts of the first, second, and third respondents, Malik Taiwo Esq.  said they were all residence of Anambra State. Consequently, Mr. Malik asked for an adjournment of the matter to enable him to reach the respondents and inform them that their presence is needed at the panel in respect of the petition.

 Justice Galadima instructed Taiwo to make personal contact in ensuring the appearance of the respondents at the next sitting.  

He equally directed Counsel to the petitioner to prepare his address and serve the Police for their response before November 12, 2021. 

All the patties are expected to adopt both addresses before the panel on November 12, 2021. 

 The matter was adjourned to November 24, 2021, for the panel’s report.

Tags: enforced disappearanceiip-sarspolice
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