The Panel finds the proposition that the protest was going to be hijacked by hoodlums, unsubstantiated.
The Justice Doris Okuwobi-led judicial panel of inquiry into the Lekki tollgate shooting of October 20, 2020, says there was no need to have deployed soldiers to the protest venue, because the protesters were peaceful and unarmed.
The panel also states that the anti-police brutality protest at the Lekki tollgate was not hijacked by hoodlums and was in no danger of being hijacked by hoodlums.
According to the panel, 11 people were killed, 24 were injured and four are still missing, after soldiers shot live rounds into a crowd of young, peaceful protesters on the night.
According to the report submitted to Lagos Governor Babajide Sanwo-Olu on Monday, November 15, “The Panel finds that although the Army gave copious evidence of general commotion, violence and mayhem in other locations in Lagos State other than Lekki Toll Gate, there is no justification behind the deployment of its soldiers and officers to Lekki Toll Gate in particular, when there was no violence reported there instead of the other critical areas (for example in places like Orile, Mushin etc), which indeed escalated the violence.
“The deployment of the Army to Lekki Toll Gate on 20/10/2020, in the absence of any reported violence, was totally unwarranted.
“In trying to justify the deployment of the Army, its principal witness before the Panel, Brigadier-General Taiwo stated that once a protest goes past 2-3 days, it will be hijacked by hoodlums. The Panel finds that this proposition was not substantiated.
“The EndSARS protest at Lekki Toll Gate in particular was peaceful and orderly and was not hijacked by hoodlums.
“The Panel finds that the mayhem and violence recorded in other parts of Lagos State did not happen at the Lekki Toll Gate, so there was no need for any apprehension on the part of the government or the security agencies to seek to dispel that peaceful assembly, with soldiers bearing lethal weapons.
“The Constitution of the Federal Republic of Nigeria, 1999 as Amended, in section 40 grants the right of assembly and association, freedom of movement in section 41 and freedom of expression in section 39.
“There was thus no need for deployment of soldiers to the Lekki Toll Gate to disperse peaceful protesters in flagrant violation of these entrenched fundamental rights.”
The panel also finds that “the ineffectiveness of the Police cannot be a justification for the invitation of the Army to Lagos state and the deployment of the Army to the Lekki Toll Gate on October 20th 2020, for the following reasons, amongst others:
i. The EndSARS protest at the Lekki Toll Gate was largely peaceful, organized and orderly;
ii. No single serious or threatening reports of fighting, robbery, attacks, bloodshed or violence emanated from the Lekki Toll Gate before and on the day of the incident of 20th of October 2020;
iii. The Constitution guarantees to every citizen the right to peaceful protest, which at times may result in civil disobedience;
iv. Given the number of people gathered at the Lekki Toll Gate, an invitation of the Army to Lagos State and deployment of the Army to disperse such peaceful gathering should not be an option for a government that had already opened up dialogue with the protesters.
B. The Panel finds in the light of all the above that issue of whether or not the Army kept to any particular rules of engagement is immaterial since the invitation of the Army to Lagos state and the deployment of the Army to Lekki Toll Gate in the first place was totally unwarranted.
“The Army should on no account be deployed against unarmed protesters.”
The Panel recommended restitution, compensation, public apologies and punishment for the security personnel who shot at peaceful protesters on the night.
