A complainant at the Independent Investigation Panel of the defunct Special Anti Robbery Squad (IIP-SARS), Confidence Leera has asked the panel to order a summary dismissal and prosecution of ASP David Ahmed Agbo who is mentioned alongside five other Police Officers over the alleged unlawful arrest and enforced disappearance of the complainant’s brother, Edward Dumsira.
The Complaint told the panel that the aforesaid requests have become necessary given the trauma experienced by his family members following the unlawful arrest and enforced disappearance of his brother, who was married and had a son.
Speaking through his counsel, Victor Giwa, the complaint prayed the 11- Member panel chaired by Justice Suleiman Galadima (rtd) to order the Police to release a car marked Exhibit ‘C’, which according to him belongs to the one Promise Leera, the victim’s brother, which was allegedly seized by the Police.
On the other hand, counsel to SP Martin Samuel and ASP David Ahmed Agbo, 1st and 3rd respondents respectively, Gabriel Okpata while adopting his final written address in defense of his clients urged the panel to discountenance the submission of Victor Giwa pertaining to the Doctrine of Last Seen, saying that ASP Agbo had earlier testified before the panel that Edward Dumsira was taken to the hospital before he later died, saying he did not die in Police custody.
In adopting his final written address in his personal defense as the 2nd defendant, DSP Essein Edet told the panel that he was not a necessary party to the petition, saying that he only routinely signs official documents in his capacity as Police lawyer in the IRT ‘D’ Division, Itam, Uyo, Akwa Ibom state and therefore was not supposed to be listed as a respondent in the first place.
According to DSP Edet, “this matter could go ahead without his presence and that even if he had chosen not to appear before the panel whatever is the outcome of the petition would not affect him in any way”.
However, the complainant’s lawyer insisted that his request for a summary dismissal and prosecution of ASP David Ahmed Agbo was necessary and therefore anchored his application on the Doctrine of Last Seen, which provides that the last person seen with some one who was murdered is the murderer.
The counsel who went further to cite a court of appeal decision to support the Doctrine of Last Seen, as it relates to the instant case, also urged the panel to hold that the complainant’s plea for N100 million compensation for the enforced disappearance of his brother, whom the Police had admitted died as a result of gunshots injury from suspected associates of Edward Dumsira was in order.
ASP David Agbo had earlier testified before the panel that while he led a team of Police Officers on investigating in the company of Edward Dumsira, his associates attacked the police team and in the process left Dumsira with gunshot injury which later resulted in his death in the hospital.
“The testimony which confirmed the death of Dumsira was made in 2020 before the panel”.
It would be recalled that Dumsira was allegedly involvement in Niger Delta Militancy, though his brother had severally said he was a repentant militant and was assisting Government in its amnesty programme in the affected areas.
In another petition, a complainant before the IIP-SARS, Abraham Nyamkwange who alleged that his brother, Aondofa Nyamkwange was extra-judicially killed by the Police told the panel that after several letters and visits to the Wuse, FCT Police Command, his deceased brother’s corpse was yet to be released to the family for proper burial.
Counsel to the complaint, I.J. Nbatsavdue who gave the above information to the panel observed that his client has made several efforts to ensure the release of his brother’s corpse but to no avail.
Besides, he told the panel that the the deceased’s old mother had been crying in the village over the loss of her son whose corpse was yet to be released to the family.
The case was adjourned to November 12, 2021 for defense.
