The Independent Investigative Panel on Human Rights Violation by the defunct SARS and other Units of the Nigerian Police force has stated that the Inspector General of Police (IGP) has access to the files and other relevant records at the IGP Intelligence Response Team Unit (IRT).
Dr. Garba Tetengi SAN. Stated this in a case of alleged unlawful arrest and detention, torture cruel and inhuman, and degrading treatment brought against DCP Abba Kyari by the families of Yakubu Danjuma, Ibrahim Daniel, and Choji Dung.
Dr. Tetengi who is representing the Chairman of the Panel Justice Sulieman Galadima, has told the police counsel not to personalize the issue, he posed a question to the police asking, “If Abba Kyari is not there, are they (the victims) not in police custody?” “Police is an institution which we all know, it is the umbrella organization of all the officers and units working within the institution” Abba Kyari’s absence should not cripple investigations, meaning the police should be able to provide necessary information any time the need arises whether an officer is on duty or not.
Tetengi expressed disappointment at the actions of the police saying the police has yet again failed to comply with the order of the panel by not producing the alleged victims in their custody before the panel. Meanwhile, the Senior Advocate of Nigeria has asked the police to go through its record at the IRT and stop being on the defensive, he told the counsel to the police “you are the IGP we know as far as the panel is concerned “he said.
Responding counsel to the police DCP James Idachacba has informed the panel to take judicial notice of the fact that they are not representing Abba Kyari which informed the decision that he be summoned personally to appear and clear the air. Idachaba told the panel that he (Abba Kyari ) is not in the custody of the police hence the inability of the police to extract information from him.
Furthermore, he mentioned before the panel that whatever defense they will put as counsel to the IGP is hinged on what the first respondent will say stating that the IGP is a nominal party.
Reacting, counsel to the complainants S I Ugo has pleaded with the panel to impress on the police to produce the 3 persons in their custody, he lamented that the police have been informed of the whereabouts of the victims, he told the panel that they are detained at the Area 10 police station.
It may be recalled that the panel had made an order on 11 of March 2022 directing the chairman of the National Drug Law Enforcement Agency NDLEA to Produce DCP Abba Kyari before the panel on the 22 of March 2022 on a petition bothering of alleged disappearance of 3 persons namely Yakubu Danjuma, Ibrahim Daniel, and Choji Dung from the custody of the IGP IRT.
However, in response to that request, an administrative letter was written to the chairman of the panel by Abdullahi Haruna SAN. the counsel to Abba Kyari requesting that all petitions be made available to them to enable them to study it and respond appropriately.
Meanwhile, they are requesting a period of 2 months to be able to respond adequately.
The panel has obliged them one week the matter has been adjourned to the 30 of March 2022.