Authorities of the Bayelsa State Police Command has claimed double jeopardy before the State Judicial Panel headed by Justice Emmanuel Ogola (rtd) in the case of extrajudicial killing of two under aged youths by two policemen in the state, confirming that the accused police personnel have been tried by a competent court and sentenced to death by hanging for the same offence.
One of the policemen on death row, Corporal Vincent Koluama-Owei was sentenced to death by Justice Ineikade Eradiri for the August 18 2016 murder of 17-year-old Innocent Kokorifa along Airforce road, Okaka, Yenagoa, Bayelsa State capital.
At the resumed sitting of the State Judicial Panel on Police Brutality and Extra judicial killing, the counsel to the police, Z. Gwegwe, (Esq) informed the Panel that they had been served notice of preliminary objections by the petitioner’s counsel and she therefore tendered her response as follows: “That the subject matter of the petitioner’s petition was not within the confines, boundaries and scope of jurisdiction of the Bayelsa State Judicial Panel of Inquiry on Police Brutality and Other Related Matters, on the ground that the matter upon which the petitioner’s preliminary objection is based, was already determined on October 5th, 2018 and the defendant was sentenced to death by hanging”.
“That by section 32, sub section 6 of the Nigerian Constitution 1999, as amended, the petitioner’s petition amounted to double jeopardy for the ex-convict by the decision of the Court. She, therefore, prayed the Panel to dismiss the petitioner’s petition for lack of jurisdiction.”
But counsel to the petitioner, Aluzu (Esq), argued that the panel was well clothed with the competence and jurisdiction to hear, entertain, investigate and make its reports regarding the petitioner’s petition.
Referring to the Rules of Proceedings of the Panel, section 12, paragraph A, B, and C, he submitted that the end result of the Panel was not to pass judgement or find anybody guilty but to make recommendations, and this was contained in section 12, paragraph C of the Rules of Proceedings of the Panel.
He further submitted that there were sufficient particulars in the petition that brings this petition within the competence of the Judicial Panel of Inquiry. They referred the Panel to the petitioner’s petition, page 6, paragraphs 29,30,31,32,and 34, and therefore prayed the panel to dismiss and discountenance the respondents’ preliminary objections.
He added, “Today’s matter was adjourned for the respondent to file their response to the petition of my client , but instead they brought a notice of preliminary objection which was quickly responded to orally and the panel adjourned till the 17th day of February 2021 for ruling.
“They challenged the jurisdiction of the panel to hear and entertain the petition which we find absurd because the panel is not to sentence anybody; they even mentioned that if the panel hears the matter it will amount to double jeopardy because the person who killed my client’s son has been convicted by court.
“The petition is not against the convict but against the police service commission which is an institution, it doesn’t matter if the IGP has been removed, or the convicted person is now dead because they were only joined as co-respondents because they have a case to answer in the petition.
“The matter is not opened for further investigations, because there’s already a judicial pronouncement on the matter, but the issues we are raising is that why did police the keep extorting money from my client to the point that he has to pay to get authority to bury his son, a grieving father.”
The counsel to the family of Innocent Kokorifa, a 17-year-old son of a Federal Road Safety Corps (FRSC), official, attached to the Port Harcourt, Rivers State Command, Barr. Ebikebuna Augustine Aluzu(Esq), has described as absurd the position of the counsel to the police, calling for the dismissal of the petition before the Bayelsa State Judicial panel of Inquiry on police brutality and extra judicial killings.
Recall that Innocent Kokorifa was allegedly killed by men of the Anti-Vice unit of the Bayelsa State Police command in August, 2016, along the Air Force road area of Okaka-Epie, Yenagoa Local Government Area.
Kokorifa, had in a petition dated 4th November, 2020 and numbered EAA/PI/BYS/240/2020 through his counsel, E. A. Aluzu Esq and associates, said his 17-year-old son was shot from behind at about 11.30 a.m. by one Police Corporal Vincent Koiamaowei without provocation.
Also the Mother of one the murdered boys,Grace Victor,through her counsel Mr.David West had appealed to the Judicial Panel to order the Federal Medical Center Yenagoa to release corpse of his client’s son to the family for proper burial.
He also wants the Nigeria Police to take full responsibility for the murtuary bills of the corpse and pay certain financial compensation to the family of his client.
But the Counsel to Police Z. Gwegwe (Esq) however contends that the accused Police officer in this case BYS/JPI/011/2020, has already been tried and sentenced to death by a court of competent jurisdiction.
She submitted that what counsel to the petitioner was asking for amounted to an appeal before the Panel, which according to her, was in conflict with the Constitution of the Federal Republic of Nigeria 1999, Section 1, sub 1, 3, as amended, because a Panel cannot entertain an appeal of a matter already determined by a higher court.
She prayed the Panel to uphold her preliminary objections and jettison the counsel to the petitioner’s preliminary objections for want of jurisdiction.The Tribunal however adjourned to 11: 00 am, February 17, 2021 for Ruling.
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