Re-Opening of Lekki Toll-Gate: The Illegal Actions of the Lagos State Judicial Panel of Inquiry on Restitution and Compensation of the Victims of the Special Anti-Robbery Squad (SARS).

Recently, there has been a major uproar on the decision of the Lagos State Judicial Panel of Inquiry set up for the restitution and compensation of the victims of the Special Anti-Robbery Squad (SARS) related abuses and other related matters to approve and order the re-opening of the Lekki Toll Gate for the recommencement of business. While there has been the emotional argument of the fairness or not of that decision, there have been burning issues of the legal validity of the order made by the panel to re-open the concessionary business, some of which we have addressed below.

Does The Panel Have Such Powers to Order the Lekki Concession Company to Recommence Business at the Toll Gate?

Is it within the confines and scope of the powers granted to it by the Lagos State Judicial Panel of Inquiry Law, the instrument setting up the panel and the Lagos State Judicial Panel of Inquiry on Restitution and Compensation of the Victims of SARS Related Abuses and other Related Matters Proceedings Rules?

In order to answer the above questions, a quick incursion will be made into the relevant laws and rules guiding the scope and duty of the panel. The Tribunals of Inquiry Laws of Lagos state empowers the Governor of the State to constitute a panel of inquiry to: “inquire into the conduct of any officer in the public service of the state or any officer in the local authority of the state… Or any matter in respect of which in the opinion of an inquiry will be for the public welfare“.

The decision on the Re-Opening of the toll gate does not constitute an inquiry into the conduct of an officer of the State, or an officer in the public service of the state or an officer in the local authority of the state neither is it a department of public service. Assuming the above were in the negative, Section 15 of the Tribunal of Inquiry Law of Lagos State, it shows that the duty of the Tribunal is to make reports, findings, inquiry and recommendation to the Governor.  Section 15(2) now goes ahead to empower the Governor to, if necessary, make any such order on the recommendation of the panel, and such order once made will have effect as if it were the judgement of a High Court and maybe enforced accordingly.

Furthermore, under the Rules of the Lagos State Judicial Panel of Enquiry on Restitution and Compensation of the Victims of SARS Related Abuses and Other Related Matters, nothing empowers the panel to decide on anything other than SARS related abuses and any other matter so related.  Section 20 provides that the Governor can restrict the powers of the panel, this shows that it cannot widen the scope beyond the Tribunal law.

The above goes to show that the panel cannot make such ruling or order same to be made with regard to the repetitive application to reopen the Lekki Toll Gate.  It is beyond its scope of powers, and hence ultra-vires its establishing law.                              The shutting down of the Lekki Toll Gate was a government decision, the company ought to approach the court and not the panel for an order re-opening the toll gate.

In conclusion, the decision of the panel to grant the re-opening of the toll gate is a decision reached out of an over-reaching and illegal act.

About the Author

Victor Opatola Esq.

Contact details: 09041815408, adeopatola@gmail.com