The Police on Monday told the Independent Investigative Panel on human rights violations by the disbanded Special Anti-Robbery Squad (SARS) and other police units in Abuja, that a petitioner, Blessing Emmanuel has failed to prove the identity of the person(s) who allegedly killed her son, Uchenna Emmanuel during the clash that broke out in Dutse, a suburb in Abuja,on 20th October, 2020.
She said the clash was between the youths and personnel of Nigeria Police Force occasioned by the End Sars protest.
Presenting its oral address the police stated that the burden of proof of facts lies on who asserts and that the petitioner has not been able to prove the allegation, beyond reasonable doubt, that the police killed her son extrajudicially.
Speaking before Dr Garba Tetengi, SAN the police argued that the identity of the accused is very paramount and crucial in matters of extra judicial killing.
Fidelis Ogwobe, Counsel to Police, explained that in the matter of Uchenna Emmanuel’s death there was contradictory testimony before the panel as to the cause of death and who was responsible for the death.
Continuing, Ogwobe stated that the petitioner's (mother to deceased) testimony was debunked by the defence witness (DW1), Inspector Kumode Ozovehe before the panel and that the statement given by the deceased father at the Dutse Police station was contradictory.
Ogwobe informed the panel that the issue of identity is essential in proving the allegation of death, saying when the identity is in contention then the law does not rely on such testimony.
Ogwobe disclosed further that the Prosecution Witness failed to establish the cause of death by rejecting the request of the police to carry out autopsy on the deceased to ascertain the cause of death.
Earlier, Counsel to the panel, Afolabi Olawale who is assisting the petitioner stated that they were relying on the evidence before the panel for justice to be served.
The matter has been adjourned for panel’s report.
In another development, the police stated they had no witness to call and no defence to put forward in the matter of alleged unlawful arrest, detention, cruel, inhuman and degrading treatment, seizure of property, malicious prosecution and extrajudicial killing of late Joseph Ovedje, brought before the panel by Comrade Godwin Okolo & 5 others on behalf National Commercial Tricycle and Motorcycle owners &Riders Association, Delta State.
The police informed the panel that it would rely on the evidence before the panel to give its oral address.
The matter has been adjourned to 30th March,2022 for adoption of written address.
