By Our Correspondent
The Charman of Independent Investigative Panel on human rights violations by defunct SARS and other units of the Nigerian Police on Thursday ordered the police to arraign Raphel Tersoo Toona before a court of competent jurisdiction in Benue state on or before December 23, 2020.
Acccording to the panel, this will enable an immediate consideration of his bail.
In a case of alleged arbitrary detention, cruel inhuman and degrading treatment of Raheal Tersoo Toona and Moses Mfe by the police, brought before the panel which was part heard on the 14th of December 2020, Counsel to the Nigerian Police, Fidelis Ogwobe told the panel that Moses Mfe who was claimed to be an armed robbery suspect died at University of Abuja Teaching Hospital, Gwagwalada, where he was admitted for treatment.
Mr Fidelis Ogwobe also informed the panel chaired by Justice Suleiman Galadima (rtd) that Mfe (now deceased) was arrested together with Raphel Tersoo Toona in Benue state as armed robbery suspects.
According to him, “in the course of investigations into the allegations of armed robbery against Moses and Raphel, Moses fell sick and was taken to Police Hospital, Garki for treatment.
“He was discharged on November 19, 2020, and was taken back to police custody in Abuja” Ogwobe said.
The Police defence lawyer, however, stated that “Moses fell sick again and this time, the police took him to University of Abuja Teaching Hospital, Gwagwalada where he allegedly died”.
However, he informed the panel that an autopsy was ordered by the police on the deceased body and that the result of the autopsy is yet to be released to the police to ascertain the cause of his death.
As a follow up, Ogwobe stated that the Police instructed Sargent God-Fred Odoh to visit the UATH, Gwagwalada to confirm whether the autopsy result is ready. Which he claimed was not ready.
Inquired by the Chairman of the panel if the Commander (IGP-IRT), DCP Abba Kyari and Inspector Vincent Makinde (also of IGP-IRT) are present at the panel, Ogwobe answered no, adding that DCP Abba kyari went to Katsina state on a special operation and that Inspector Vincent is sick in Lagos state and could not be at the panel as ordered earlier by the Chairman.
He also informed the panel of the presence of Inspector Mohammed Seidu whom he said came to represent the Commander IGP-IRT, Abba Kyari and Inspector Vincent who are the 2nd and 1st respondents respectively.
On the whereabouts of Raphel (1st complainant), as requested by the panel, the police counsel said that he was remanded in Suleja Correctional Service by an order of a magistrate court.
Continuing, he said that upon disbanding SARS, the IGP ordered that all suspects kept in police custody by SARS operatives should be taken to prison and that in compliance to the directives, remand warrants were obtained from magistrate court accordingly.
On the other hand, counsel to the complainant, Mike Utsaha pleaded with the panel to ensure that its earlier order on December 14, 2020 is obeyed by the police.
According to him the panel on the said date ordered the police to produce the two complainants (Moses and Raphel) today (December 17, 2020) before proceeding further to unravel why they have been kept in detention for over one year.
Alternatively, the complainants’ counsel prayed the panel for an order directing the police to release Raphel on administrative bail pending when the panel will resume in January 2021, pointing out that today is the last sitting for this year.
He stated that Raphel has not been charged with armed robbery before any court in Nigeria and therefore ought to have been released by the police conditionally or unconditionally.
The Chairman of the panel affirmed the ordered for the production of the suspect made on December 14, 2020 and directed the police liaison officer to the panel, Cosmas Anyanwu to produce the surviving complainant, Raphel since Moses is dead as only just announced by the police.
In view of the extant order of the panel, the Chairman stand down proceedings for two hours to enable the police to produce the 1st respondents before the panel as earlier ordered.
When the panel reconvened after the two hours given to the police to produce Raphel, the police liaison to the panel, Cosmas Anyanwu Esq. actually produced him.
On the next line of action, concerning his liberty, Cosmas told the court that the police is willingly to arraign Raphel within a short time in Benue where they were arrested in the first place.
The matter was adjourned to March 2, 2021, for the continuation of hearing.
