The Alliance on Surviving Covid-19 and Beyond (ASCAB) has called on President Buhari to implement the recommendations of the panel he set up in 2019 on reformation of Special Anti-Robbery Squad (SARS).

LegaldeskNG learnt that this was contained in a statement made available to TheNigeriaLawyer (TNL) signed by its Interim Chairman, Femi Falana (SAN)

“Following public outcry in 2018 against the indiscriminate arrests and detention, extortion and extrajudicial killings as well as other horrendous human rights abuse of the Nigerian people perpetrated by the operatives of the SARS the Federal Government responded by setting up a Presidential Panel of Enquiry to investigate all complaints of human rights abuse. It is on record that many Nigerians submitted reports and memoranda and gave clear evidence of police abuse. But that the Federal Government has not implemented the recommendations of the Panel after two years of the submission of its Report.” Falana said

According to him, the recommendations made for the reform of SARS included dismissal of 37 police officers from the force and the prosecution of 24 others; investigation of 22 officers involved in the violation of human rights of innocent citizens; payment of compensation of various sums in 45 complaints and tender of public apologies in five complaints and compliance with court orders in five matters; renaming of SARS to Anti-Robbery Section (ARS), which was its original name, and to make the section operate under the intelligence arm of the Police.

He added that on June 3, 2019, the President directed the Inspector-General of Police and the Solicitor-General of the Federation/Permanent Secretary, Federal Ministry of Justice to liaise with the National Human Rights Commission “to work out the modalities for the implementation of the Report within 3 months” but up till date nothing was done about it.

He urged the president to implement the recommendations and also reconstitute the Governing Council of the National Human Rights Commission “without any further delay.”

Falana lamented that all the Governors of the 36 states of the Federation are members of the Nigerian Police Council but for some inexplicable reasons, they have allowed the President to singlehandedly control and supervise the Nigeria Police Force.

He said since the Police Act 2020 has directed the Council to meet at least two times in a year the Governors should ensure that the Council meets regularly to address the increasing wave of insecurity in the country. In addition, the Council should henceforth organise, administer and supervise the Nigeria Police Force.

Falana further advised that, “as Chief Security Officers of the states, Governors should henceforth supervise and curb the excesses of the police and other security personnel operating in all the States of the Federation.

“Attorneys-General of the States should monitor the investigation of criminal cases and ensure the prosecution of all indicted criminal suspects.

“The Office of the Public Defender in each State should be adequately funded to take up cases of human rights violations and provide legal services for indigent and vulnerable citizens”

Furthermore, Falana advised the Attorney-General of the Federation to carry out his duty prescribed by section 12 of the Anti-Torture Act of 2017 by “making rules and regulation for the effective implementation of the Act including the training and education of personnel involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.”

He also calls for the prosecution of the military personnel who freed an arrested kidnap suspect in Taraba State last year and executed three policemen on duty and those “soldiers who recently killed Terwase Akwaza (widely known as Gana) on his way to Makurdi to formally accept amnesty from the Governor of Benue should be arrested and prosecuted by the Attorney-General for terrorist attacks.” and immediate payment of damages awarded against the Police for human rights violations.

Falana, called on the Inspector-General of Police to produced relevant provisions of the 1999 Constitution, the Administration of Criminal Justice Act, 2015, the Anti Torture Act, 2017 and the Police Act, 2020 and distributed to all police personnel because the said laws have imposed a duty on the Nigeria Police Force to respect the fundamental rights of the Nigerian people.

“In particular, the attention of every police officer must be drawn to the following:

“i. Every suspect is entitled to legal representation in every police station. The National Human Rights Commission shall be contacted to provide legal practitioners to indigent suspects.

“ii. Arresting innocent citizens in lieu of criminal suspects has been banned. Arresting citizens for civil wrongs has also been prohibited.

“iii. Confessional statements of criminal suspects shall be video recorded to stop the police from subjecting them to torture or inducement or threat during investigation.

“iv. For the avoidance of doubt, the Anti Torture Act has criminalized the infliction of torture on criminal suspects and other citizens.

“v. The Nigeria Police Force must ensure the payment of monetary damages awarded by courts to compensate citizens whose human rights have been violated by police personnel. Such violators of human rights should be made part of the damages.

“vi. The Police should put an end to the parade of lowly placed criminal suspects since public officers alleged to have stolen billions of Naira are never paraded by the anti graft agencies.

“vii. Extrajudicial killing of criminal suspects by the Police should stop since they are presumed innocent until the contrary is proved in the court by the State.

“viii. Money and properties of criminal suspects should not be seized by the Police without orders made by competent courts.” Falana said

He urged the Police to provide adequate security for the aggrieved members of the public who are demanding for the abolition of the SARS through peaceful marches, meetings and rallies on the basis that they are entitled to the fundamental rights of freedom of expression and freedom of assembly guaranteed by sections 39 and 40 of the Constitution and articles 9 and 10 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act.

He said, “ASCAB has directed its Legal and Political Committee headed by Dr. Osagie Obayuwana to provide pro bono legal services for all those who are arrested, detained or charged with any offence whatsoever for taking part in the ongoing protests.”