Notwithstanding the insensitivity of the decision of the Chairperson of the Lagos Judicial Panel to hand over the Toll Gate to LCC, one of the Panel members who opposed that decision, Ebun-Olu Adegboruwa, SAN, has now made a passionate appeal to Nigerians and Lagosians not to proceed with the planned protests and counter-protests. Below is his statement:

SPECIAL APPEAL TO NIGERIANS/LAGOSIANS ON PROTEST AND COUNTER-PROTEST

WHEREAS:

It is reported in the news media that there are calls for protest and counter-protest, at the Lekki Toll Gate, slated for Saturday, February 13, 2021;

AND

The 1999 Constitution, in its section 39, has granted to every person, the right to freedom of expression, including freedom to hold opinions and to receive and to impart ideas and information, without interference.

NEVERTHELESS,

I will like to plead most passionately, that the protest and counter-protest be shelved, at least for now, based on the reasons stated hereunder.

ONE

The Judicial Panel of Inquiry is still sitting and it is yet to make any finding or recommendations, on the Lekki Toll Gate Incident of 20th October, 2020, beyond the majority and dissenting decisions of 6th October, 2021, all of which are purely interlocutory.

TWO

The alleged bloodshed, mayhem, repressions and violence of October 2020 in general, should not be encouraged to be repeated again.

THREE

The Panels of Inquiry that were set up were all done in response to the EndSARS five for five demands. It will be good to await the decisions of these Panels.

FOUR

A protest or counter-protest at this time, may work to jeopardize the overall work of the Panel, the witnesses appearing or to appear, the testimonies, the investigations or even affect its ultimate assignment.

FIVE

I’m concerned about the consequences of protests and counter-protests, at the same location, in relation to security and likely violation of COVID 19 protocols, given the rising wave of the pandemic, in Lagos State especially, where most economic, social, educational and other activities, are partially grounded, presently.

SIX

The points made for and against interlocutory decisions of the Panel have been noted and they will be collated for necessary action, in consideration of the final report of the Panel.

SEVEN

While the assignment of investigating the Lekki Toll Gate Incident of 20th October 2020 is yet to be concluded by the Panel, it will be premature to proceed on it, as the basis of renewed calls for protest and counter-protest.

EIGHT

It is safer for now, for the Lagos State Government and its agencies, the EndSARS group and indeed all those concerned with the Lekki Toll Gate Incident, to await the final report of the Panel.

NINE

I therefore plead that the protest and counter-protest slated for Saturday February 13, 2021, or any other date, be put on hold to abide the final report of the Panel.

TEN

I appeal to all security agencies, especially the police and the army, both respondents before the Panel, to embrace caution and demonstrate utmost respect for the fundamental rights of all citizens, including protesters, counter-protesters and non-protesters alike.

A people united, cannot be defeated.

The above statement and appeal is made based on convincing reasons. However, it would be ideal if the LCC is equally restrained from taking over the Toll Gate until the final report on the Lekki Toll Gate incident is made available. We must do justice to show our genuine craving for peace.

That said, Adegboruwa SAN is a man with good conscience and fears God. For standing with the truth as he opposed the decision regarding the handing over of the Lekki Toll Gate, Nigerians and Lagosians should consider his appeal and enjoy their Valentine celebration. 



Stephen Azubuike
Author: Stephen Azubuike
Stephen is a lawyer with expertise in Commercial Dispute Resolution and Technology Law practice. He is a Partner at Infusion Lawyers. He has successfully argued cases from the High Courts of various jurisdictions to the Appellate Courts on behalf of financial institutions, other corporate bodies and multinationals. He has advised a number of both established and startup tech companies. He tweets @siazubuike.
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