Lekki Shooting: CNN Rejects Lagos Panel’s Invitation, Says Panel Lacks Jurisdiction

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Lekki Shooting: CNN Rejects Lagos Panel's Invitation, Says Panel Lacks JurisdictionCable News Network (CNN) has objected to the request by Lagos Judicial Panel of Inquiry and Restitution of Victims of SARS Related Abuses, for its team of reporters to appear before it on Saturday, December 12, to give evidence on their reportage of the #EndSARS Lekki tollgate shooting.

It would be recalled that the media house carried out a detailed investigation into the October 20 gunshot incident at Lekki tollgate and shared its findings in a two-part documentary released in November.

In the reports, the media house alleged that the military did fire live ammunition at the #EndSARS protesters, an allegation the Federal government and the Nigerian Army have consistently denied.

Read Also: #EndSARS: Ballistics Experts Confirm Army Used Live Rounds On Peaceful Protesters As CNN Releases Findings From Investigation Into Lekki Shooting (Videos)

At the ongoing panel of inquiry investigating the October 20 incident, the media house was invited to come and give evidence on the findings of its independent investigation.

In a letter written by its lawyers, Olumide Babalola LP, the international news outfit said the Panel lacks jurisdiction to summon its staff since they are not in Nigeria. The media house filed the objection dated December 4 at the Tribunal on December 9.

Read Also: CNN Ignores FG’s Threats, Releases Second Report On Lekki Shooting (Video)

The letter of objection reads in part;

Since the Objectors are not “persons in Nigeria” as envisaged by the provision of section 5(c) (of Tribunals Of Inquiry Law Of Lagos State, Cap. T6), then this Honourable Tribunal is, with respect, bereft of territorial jurisdiction to compel their attendance to give evidence before it.

According to Babalola, the panel invited him into its Private Hearing Room on December 11 and subsequently excused CNN from further proceedings or appearing before the Panel.

He said;

The Objectors herewith place it on record that they were not at all material times and still not at the time of filing this objection, within the geographical territory of the Federal Republic of Nigeria. They do not have any physical or business presence in Nigeria and by extension, they are outside the territorial jurisdiction of this honourable Tribunal.

The Objectors respectfully observed that the summons to witness dated November 28, 2020, was issued according to the tribunal’s powers donated by section 5(c) of Tribunals Of Inquiry Law Of Lagos State, Cap. T6 and for the avoidance of doubt, it provides that:

5. Subject to the provisions of this Law, a Tribunal shall have the following powers; to summon any person in Nigeria to attend any meeting of the Tribunal to give evidence or produce any document or other thing in his possession, subject to all just exceptions. Summonses issued under this paragraph may be in Form A in the schedule to this Law and shall be served by the Police or by such person as the Tribunal may direct. (Emphasis ours).

On the panel’s jurisdiction, the lawyer continued;

Flowing from the above authorities, we submit that since the Objectors are not “persons in Nigeria” as envisaged by the provision of section 5(c), then this honourable Tribunal is, with respect, bereft of territorial jurisdiction to compel their attendance to give evidence before it. We rely on the decision in Joshua Dariye v Federal Republic of Nigeria (2015) LPELR-24398(SC), where the Supreme Court of Nigeria held that:

Territorial jurisdiction implies a geographical area within which the authority of the Court may be exercised and outside which the Court has no power to act. Jurisdiction, territorial or otherwise, is statutory and is conferred on the Court by the Law creating.” Territorial jurisdiction may mean jurisdiction that a Court may exercise over persons residing or carrying on business within a defined area, or in respect of a contract where its terms bring it within the area.

The panel informed him that they would record the objection in their final report. Hence, CNN was excused from further proceedings or appearing before the panel.

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