#EndSARS

Judicial Panel

Awka

The Anambra State Panel Hearing On Police Brutality and Extrajudicial Murder.

On Tuesday, the 17th November, 2020, some members of the Iloanya family gathered with members of other families whose children have either been extra-judicially murdered, kidnapped or brutalized by the Special Anti Robbery Squad (SARS) of the Nigerian Police Force. The hearing took place at the Anambra State Association of Town Unions (ASATU) hall at the Anambra State Government House in Awka. 

Scheduled to begin at 10:00am prompt, the Justice Veronica Umeh-led panel hearing did not begin until 10:44am. Members of the Legal team present at the panel introduced themselves in order of seniority and afterwards sat down for the hearing to properly begin.

Just before the hearing, SP Innocent Obi. Esq, representing the interest of the Nigerian police, raised a plea to the court. According to him, he had no response to whatever petition each of the petitioners were to bring up at the panel. His reason was that he was only briefed about the panel hearing the previous day. He said he was at a loss and asked the court that he would need more time to respond to the cases. The panel replied that he had enough time and that it had no problems with his complaints.

The first petitioner was Mr. Joseph Ezeonu who filed a petition on behalf of his son, Kelechi Ezeonu, a 15-year old who was extra-judicially murdered by SARS, whose corpse is still yet unseen. According to Mr. Ezeonu’s legal representative, after the Inspector General (IG) of Police admitted that Kelechi was killed in police custody, Kelechi’s family contacted the state Commissioner of Police (CP) for Kelechi’s body and it was not released to them. After several persistence, nothing was done either by the IG or the CP as regards Kelechi’s body. Later, Kelechi’s family discovered that acid was used to exhume the corpses of people killed at SARS Nnewi where their son was detained. To date, nothing reasonable has been said of Kelechi’s body.

The second petitioner was Ifechukwu Thaddeus Okolieidu, an electrician by occupation who filed a petition on behalf of his father Paulinus Okolieidu, who has been missing since 2014. Paulinus Okolieidu, a father of 10, freelance journalist and school proprietor was arrested by members of SARS in 2013 for false charges that he was a kidnapper. He spent eight months in SARS custody where he endured all forms of torture. Released in 2014, Paulinius wrote a book within two months about his eight months experience in SARS custody, a book he titled, The Shame of A Nation. At the time, Paulinus’ story, through the traction it got in the media and the local rave his book attracted, was invited to the National Assembly in Abuja to come share his story with the National Assembly. 

Around this time, when Paulinus was so keen to see his story heard, he began to receive threats from members of SARS under whose custody he had suffered for eight months unjustly. Paulinus was asked to shut up or face the consequences. But keen on justice, Paulinus continued his mission to seek for justice. It was armed by this courage that Paulinus set out on that morning in June 2014 to the car park at Azia junction where his son, Ifechukwu, the petitioner dropped him to board a bus headed to Abuja. That morning at the bus stop was the last time Ifechukwu or any of his family members saw their father, because after that morning, his line went dead, and he has not been seen till date. 

According to Ifechukwu, the death of his father, Paulinus led to him and his siblings dropping out of school. He particularly dropped out from the University. His father’s promising secondary school became extinct and family members began to drag their father’s lands. In his words, “I regret that my father has been unable to defend the content of his book, The Shame of A Nation which could have averted the disaster currently rocking the nation.” According to Paulinus, his family is still very optimistic and do not refer to their father as late because they believe he is still alive, somewhere in custody.

The third petitioner was Obiora, who filed a petition on the 28th October 2020 with verified affidavits on behalf of Master Ekene Anthony Akabuike, his biological younger brother who was extra judicially murdered by SARS in June 2014.  

Ekene was 24years old and an undergraduate at the time. A friend of his, Chinedu and his girlfriend, had been passing the night with Ekene two days before he was to move to his new apartment. And early in the morning on June 3rd, members of SARS operatives broke into the house and killed Chinedu, arrested Ekene and another friend, Osita Ihedife and Chinedu’s girlfriend. Osita and Chinedu’s girlfriend were eventually granted bail. But Ekene was never seen again. According to Obiora who filed the petition, the family had gotten to hear of the news of their son’s arrest at around 1pm on the day it happened and they moved immediately to SARS office at Awkuzu and were never allowed to see Ekene. It was only later that their friend, Osita was granted bail and he narrated to them that Ekene had been killed. According to Osita when they were taken to SARS custody at Awkuzu, they were separated and Ekene was taken to a different place. Shortly afterwards, they heard gunshots and the last cries of dying people. 

Obiora is asking for restitution, a letter of apology from the violator, N100m compensation from the Government as a small token to pacify him and his family members for their loss.

The next petition was by Mr. Adimachukwu Chinedu, a school owner and native of Oraifite in Anambra state who resides in Asaba, Delta State. Chinedu filed a petition on behalf of the extra-judicial murder of the Adimachukwu Obinna Xandy, his only son out of his six children. He was extra-judicially murdered by SARS. Obinna before his eventual murder was a graduate of Business Administration from Nnamdi Azikiwe University, Awka. After he graduated from University, his father Chinedu assisted him to open a shop at Olive plaza in Onitsha where he sold clothes. 

Obinna was picked up by SARS while he was waiting for the delivery of goods which he had bought from India. He was searched and they found $10,000 on him and SARS officials accused him of being an armed robber. Adimachukwu refused to yield or hand the money to SARS officials, insisting that the money belonged to him. And so they took him to Awkuzu where he was eventually murdered. 

The next petitioner was Mr. Emmanuel Iloanya, the father of late Chijioke Iloanya. Mr. Emmanuel Iloanya was called up to sit before the panel at exactly 2:42pm. The representative of the petitioner, Abdul Mahmud. Esq opened the case by informing the panel that Chijioke’s case had attained both national and international standards. “It has been carried by National and International news media,” he said. “If there is any case which has forced the hands of the government, it is this case.” 

Mahmud, then presented five documents accompanying the case. The documents included a letter by the Inspector General (IG) of Police, a letter to the IG of Police dated 21/08/20, a letter to the National Human Rights Commission (NHRC) also dated 21/08/20, an acknowledgement letter from the NHRC, dated 10/09/2020 and a publication of the case by Premium Times. 

Another additional document, a print-out of a screenshot tweet by CSP. James Nwafor on the issue was presented. It is the only known time, CSP. Nwafor has so far, spoken up on the issue. In the tweet, Nwafor had admitted that he was the head of Awkuzu SARS at the time when the ‘deceased’ was executed by the arm of the Nigerian police. Mahmud. Esq said, “It was when Nwafor referred to Chijioke Iloanya as deceased that his family knew for sure for the first time in eight years that their son, Chijioke had truly been killed.”

Between 2012 and 2013, the Iloanya family sold numerous landed properties to raise millions of Naira, some of which they gave to human rights activists, the rest which they took to CSP. James Nwafor to secure the release of their son. James Nwafor is reported to have told Mr. Emmanuel Iloanya, “Go. I have wasted your son.” Yet, he refused to release the body of Chijioke Iloanya to the family. 

Around that time, it was rampant to see the corpses of people killed by SARS thrown into the Ezu river, bloated and floating, some of them upturned. And so Mr. Iloanya spent days at the Ezu River turning all the bloated corpses he could lay hands on trying to identify his son in order to make arrangements for a proper burial. But none of the corpses there was identified to be Chijioke and so the family of Chijioke had gone on hoping for years that perhaps their son was alive until CSP. Nwafor’s tweet earlier in the year when the case of Chijioke missing trended on Twitter.

The next petitioner was Ifeoma Emmanuella Onyemelue, a resident of 14 Ihembosi Street, Woliwo layout, Onitsha South. She is a 300 level student of Chukwuemeka Ọdụmegwú University, Uli Campus. Her petition was on the extra-judicial killing of her only brother and the only son of their parents, Okwuchukwu Onyemelue. The tragic murder of her Okwuchukwu, according to her legal representative led to both parents having stroke and the eventual death of her mother.

Okwuchukwu, a graduate of architecture was in his father’s car with his sister Emmanuella on the 24th June 2014, when SARS operatives stormed their residence, broke into the car, drew him out on the floor and began to pummel him while holding down his sister who was there with him. His father came out to find his only son being mistreated and tried to raise an alarm, but he was threatened with a gun by SARS officials. And eventually, they carted Okwuchukwu away, never to be seen again by his family members. 

After Okwuchukwu’s arrest by SARS, his family immediately headed to Awkuzu where he was held hostage, but they were prevented by CSP. James Nwafor from seeing their son. His friend, Malaika and his cousin, Odira Nwagbugbu who were arrested with him were released, but Okwuchukwu was never seen again. 

According to his family, around August, there was a Newspaper publication bearing the photo of Okwuchukwu and a few other men with the caption, “Boys Caught Stealing With Guns.” A few days after the publication, Okwuchukwu appeared on TV with a gunshot wound to his right leg and a gun in his hands, while he confessed to being an armed robber and arrested at a fire exchange by the police.

Still the family kept on going to Awkuzu with the hope of seeing Okwuchukwu again. This was until CSP. James Nwafor told Okwuchukwu’s father that his son had been killed. The Onyemelue family is seeking restitution in a N250 million compensation. According to them, the extrajudicial murder of Okwuchukwu led to both parents having stroke and the eventual death of their mother and paralysis of their father. Also, they are asking for a written public apology from the Nigeria Police Force and prosecution of Mr. Nwafor and others involved in the alleged illegal arrest, detention and killing.

SP. Innocent Obi. Esq, the lawyer representing the Nigerian police was unable to come up with any response when called on by the panel to respond to the allegations leveled against his employers. Obi pleaded for more time to come up with a response. He had earlier told the court that he was only briefed on the case on ground the previous day. This was despite the fact that from the documents presented in the numerous hearings, most of the petitions were filed around the 28th-30th October 2020. And the panel had been set up as at 3rd November, 2020. The court however, granted SP. Innocent Obi leniency to come up with a reply for each of the cases by Tuesday, 24th November 2020. And the hearing for Chijioke Iloanya’s extrajudicial murder by SARS and numerous similar cases were adjourned by the court. 

However, there will be no sitting in the court till further notice because the panel announced at exactly 2:36pm that they had not received their sitting allowance from the government, and they had not yet sorted out issues of venue for the hearing. It therefore made an announcement, that until the logistic issues were finalized, there will be no hearing till further notice. 

On the 26th November, 2020, the Iloanya family and others who were here nine days ago in the Justice Veronica Umeh-led Judicial panel hearing, gather again at the Anambra State Association of Town Unions (ASATU) hall in Anambra State Government House for the police reply to their petitions. 

The hearing began with an opening prayer at exactly 11:50 am, one hour-fifty minutes behind schedule. 

Justice Umeh apologized for her late coming, blaming her car with which she came from Onitsha for breaking down on the way. The panel then proceeded with the customary introduction of the legal representatives according to order of seniority. 

The first petitioner to be heard was Chief Bonaventure Mokwe, who was arrested on the false charge of being a kidnapper by SARS, detained, tortured, humiliated and almost killed—in addition to his hotel also being demolished without proper investigation being conducted by SARS and the Anambra State Branch of the Nigerian police Force. 

Representing the former Governor of Anambra State, Mr. Peter Obi, was a lawyer who introduced himself as Alex Ejesieme (SAN) who was in the panel to respond on behalf of his client to the petition which Chief Mokwe served against the former Governor of the state. In response, the counsel said he was in the panel to file for the dismissal of Chief Mokwe’s petition off the panel because it was beyond the jurisdiction of the panel to hear it.

Chief Mokwe’s counsel in response, raised an objection that the lawyer representing Peter Obi has no business in the day’s hearing. But the court ruled to hear the application. 

Peter Obi’s lawyer argued that his client was not a member of the Police and was never a member of SARS. He also argued that the panel hearing was for those whose cases have never been heard anywhere in the court of law. And so it was wrong for his client to be petitioned. He then presented documents which showed that the petitioner’s case was already in court and then applied to the court that Chief Mokwe’s petition be scrapped because the only cases qualified to appear before the panel are cases that have never been heard in any court of law. According to him, the panel hearing the case when it is already in the court of law amounts to a sub-judice and the court going against its own laws.

Justice Veronica Umeh, in response to Alexander Ejesieme, defended the decision of the panel to hear the case. According to her, the panel was designed to hear every victim of police brutality who has filed a petition, evaluate evidences presented, make a judgement based on the evidences, present them to the government and make recommendations for compensations where necessary. However, she said the court will in due time, communicate its decision to the application to scrap Chief Mokwe’s petition from the panel. The petitioner’s lawyer, Prof M.N Umenweke was allowed to adopt the addendum filed on 20th November2020, even though his petition for the court to dismiss the application by Alex Ejesieme was overruled by the panel. Sp. Innocent Obi, the police lawyer was ordered to produce more copies of the application after which the case was adjourned to 10th December, 2020. 

The next case for which response was to be provided was the case of Master Ekene Akabuike who was extrajudicially murdered by SARS in 2014. As earlier documented in the first report, the petitioner is Obiora Akabuike, the elder brother of Ekene who was murdered. 

The police lawyer began by asking Obiora if he saw his brother, Ekene with his own eyes in SARS custody. Obiora replied that when the news got to their family that Ekene had been arrested and taken away by SARS, it was his mother and his immediate elder brother who went to SARS facility continuously. They continued to go there because it was admitted that Ekene was indeed among the people arrested in the house where he lived and planned to park out of, two days before he was arrested. And that they only stopped going when a SARS official volunteered to them to no longer waste their time that Ekene had been killed. 

When the police lawyer Sp. Innocent Obi asked him yet again, if what he heard from his brother and mother were the only evidence he had and not from what he saw with his eyes, a perplexed Obiora answered that the house where his brother was arrested is still standing. He also cited that his brother’s friend who was also arrested and later released confirmed the death. And this friend of his brother is mad now as a result of the torture he underwent in SARS custody. 

Abdul Mahmud, the counsel of the petitioner asked the Client to mention the name of the SARS official who told the family that Master Ekene had been killed. And Obiora answered that the name of the officer who informed the family of Ekene’s death is CSP. James Nwafor (Retd). 

Abdul Mahmud told the court that it is necessary to give justice to the families whose loved ones have disappeared only to be told upon further enquiry that they have been killed. He implored the panel to summon James Nwafor to appear before it. And that in failure of his appearance, a warrant of arrest should be issued. 

The next petition was the petition of Mr. E.C Adimachukwu whose only son, Obinna Adimachukwu Xandy was brutally beaten to death by SARS in 2014. 

The Police lawyer said to Mr. Adimachukwu, “You said that when your son was arrested, you went to SARS custody and they told you that your son was not there…”

An emotional Mr. Adimachukwu turned to the police lawyer and said, “If you put it like that it would look as if you did not read my petition.” But the panel shunned Mr. Adimachukwu for replying to the police lawyer. It asked Mr. Adimachukwu to address the panel itself. Struggling to get a hold of his emotions, Mr. Adimachukwu told the court that the officers categorically told him that his son was in custody and asked him to return the following day which he did but did not see his son.

Asked by the Police lawyer if he had made any additional reports to the Police about his missing son, Mr. Adimachukwu replied that he did not and his reason was that CSP. James Nwafor had categorically told him that his son was dead. He narrated to the panel how when he had asked Nwafor about his house key which was with his abducted son, James Nwafor flared up in anger, “Is it because I allowed you into my office that you are asking me all these nonsense questions? If you don’t know, let me tell you, your son has been killed.” Mr. Adimachukwu also told the panel how it was reported that his son was not shot, but was put in a cell for condemned criminals and beaten to death.

Asked if he saw the name of any of the officers who told him his son was in SARS custody, Mr. Adimachukwu replied that he did not, because most of the officers wore uniforms without tags. In addition, some of them spoke anonymously. The hearing was then filed by the panel and adjourned to Tuesday, 8th December 2020.

Around 5:10 pm, the petition numbered JPI/ANS/23/2020 by Mr. Iloanya and Family on behalf of their son, Chijioke Iloanya who was abducted by SARS and extrajudicially murdered was called to sit before the panel. Mr. Iloanya was not asked any questions by the police lawyer. Rather, in response to the case, the police lawyer calls up an officer by name, Inspector Johnson to testify on behalf of the police in court. The policeman presented a document dated 29/1/2013.

According to the document presented by Inspector Johnson, Chijioke was killed in a shootout between SARS officials and speculated gunmen of whom the document accused Chijioke of being among. And afterwards, Chijioke was rushed to Nnamdi Azikiwe University Teaching Hospital (NAUTH) where he was confirmed dead. 

Abdul Mahmud asks him to present the original copy of the report (not the photocopy) used by the police to testify to the panel to prove that the document is truly dated far back as 2013 because according to Mahmud, the document was too new to be that old. According to Mahmud, there is abundant evidence that Chijioke Iloanya was extrajudicially murdered. And the names mentioned in their petition were mentioned in the exhibit presented by the police. And as such, he appealed to the court to summon the following individuals: CSP. James Nwafor, CSP. Abataenume Joe, Insp. Hyacinth Nwankwo, ASP. Bonaventure Echika and finally the Chief Medical Director, NAUTH. According to Abdul Mahmud, the story is too speculative to be believed because it suggests Chijioke was killed and taken to the hospital to be confirmed dead. 

The court approved the appeal and summoned the aforementioned officers. Also, the police lawyer, SP. Innocent Obi is ordered to produce the facts to tally with the story in the exhibit presented by the Police witness from the CMD of the Nnamdi Azikiwe University Teaching Hospital. By the time Chijioke’s case was heard, it was already 6pm and the panel hearing could not go on. The remaining cases to be heard were adjourned to 3rd December 2020. And the next sitting for the cases provided with initial response by the police is on the 8th December 2020.