Counsel to the Nigerian Police Force, DCP James Idachaba has said that the complainant before Independent Investigative Panel on Human Rights Violation by the defunct SARS and other Units of the Nigerian Police force in a case of an alleged Arbitrary arrest, detention and enforced disappearance of one John Alozie should go back to court where the judgement violated by the police was given.
Idachaba while reading his written address drew the attention of the panel to the fact that a court of competent jurisdiction sat on the matter and made a decision. He said” it will be abuse of court process for the panel to hear the matter”.
According to Idachaba when there is a failure to obey court judgements there is a system to follow to ensure such judgments are complied with, adding that the said matter should not be in the hands of the panel hence it has already been taken care of by the court. “it will be tantamount to reviewing the decision of the court. He added.
He said the panel should refer the complainant back to the court to do the needful for the orders of the court that was not obeyed.
In a previous hearing on the same matter the panel had ordered the case file relating to the matter be produced by the CP legal Mr. Ogbeh Ochogwu either in person or through his officers.
Responding on the issue at hand the lead Idachaba again stated before the panel that at no time did the CP legal own up to being in possession of the case file, “He cannot bring the file he is not in custody off”.
Narrating further Idachaba said the CP legal was misunderstood, saying at no time did he ever promise to bring the file to the panel, stating that he called for the file from Akwuzu Anambra state which was never brought.
It may be recalled that Mrs. Nnenna Alozie, a petitioner in the matter has testified before the panel that her husband was arrested by SARS operatives in their home in Lekki, Lagos state and he was taken to Akwuzu in Anambra state on June 15 2017, stating that all attempts to see him or know his whereabouts has been unfruitful.
She said the police unlawfully detained her husband for a long time without prosecution before a court of competent jurisdiction.
Mrs .Alozie in her petition before the panel said two vehicle and some documents were carted away from the victim’s house at the time of his arrest.
However Mrs. Alozie told the panel that the police refused to obey 3 consecutive court orders since the arrest of her husband in 2017. The orders made by the courts is to produce Mr. Alozie either dead or alive.
The matter has since been adjourn for report.
On that note, lead counsel to the Police, James Idachaba informed the panel that his team are no longer appearing for Abba Kyari in the petition saying that he now has a counsel in the person of Abdullahi Haruna (SAN).
