Onu'kwube Profile picture
7 Feb, 15 tweets, 5 min read
I have just read the majority ruling granting the #LCC assess to the toll plaza for evaluation of loss and possible renovation, and I agree with the reasons for the decision thereat regard being had to all circumstances of the case.
Expectedly, this has led to a rush of emotions, by many Nigerians, and for some, it is proof that the panel is compromised. But is that the case? Let us not forget that the panel sits for the purposes of rendering justice to all manner of persons before it.
Its Terms of Reference is not a compulsory finding of guilt, otherwise, it becomes a kangaroo panel. From my privileged knowledge of the proceedings of the panel, the ruling was sequel to the fourth application made by the LCC in that regard.
In all the previous applications, the Chairman of the Tribunal dismissed same, on the grounds that granting access to the LCC, would compromise forensic analysis being carried out on the facility at the time.
That exercise having been completed at the time of LCC's application yesterday, was there still any logical reason to keep the facility locked out on them? I do not think so.The balance of convenience upon the completion of the forensic analysis weighs in favour of the coy, IMO.
Let us not forget that the #LCC, a business entity, is also a victim in the context of the #EndSARS protests, and being so, is also entitled to Judicial succour having had its facilities vandalized, and losing out on earnings over acts for which it is yet to be indicted.
Thus, allowing its insurers adequate facilities to evaluate the extent of its loss, towards renovation and possible commencement of operations some 4 months after the protests, is to say the least, equitable, as justice is for all parties before any Court or tribunal.
I note that @segalink has been singled out for evisceration and subjected to the highest opprobrium for siding with the majority ruling. The case against him is that he's a hired hand of the establishment regard being had to the posture he took during the protests.
I'm not a prophet to know whether money changed hands between the "establishment and Sega". But it should be noted that by being a member of the panel, he sat there, qua judex, and not activist. To that extent, his decisions based on the oath he took, were expected to be...
... balanced and shorn of any form of prejudice or sentiments, as sentiments and emotions have no place in adjudication. The role of an umpire is a solemn duty, and not an opening to dance to the gallery or pander to the interest of the crowd, just to be hailed.
No. Judges and arbiters are not interested in becoming celebrities. Their duty is to evaluate the facts that have been presented before them, and embark upon a logical and dispassionate application of the law and common sense to it, towards a logical conclusion.
I believe that was what Rtd. Justice Okuwobi and her friends in the majority ruling did yesterday. Those who argue that the toll plaza should remain locked forever, or until the conclusion of the panel because certain persons were alleged to have died thereat, miss the point.
But what is more, it is not difficult to see that they're actuated by emotions and cheap sentiments.
#LCC is not standing trial at the panel, but to the best of my knowledge, a complainant itself which is entitled to protection and potentially, compensation by the panel.
The @HQNigerianArmy; the @followlasg and the #LCC are separate and individual entities, and the undoing of one, should not be borne by the other. It is this misplacement of grievances that I believe, informs the angst against the decision of the panel yesterday.
But if we're able to put the issues in their right and logical perspectives, without unduly buoyed by emotions, it'd not be difficult to come to the realisation that the majority ruling yesterday, of the panel in favour of #LCC was both inviolate and immaculate.

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More from @RayNkah

8 Feb
Let's face it: there is no logical or legal justification for embarking on #OccupyLekkiTollGate based on the ruling of the @LagosSarsPanel releasing the toll gate to its managers.
In the context of the ugly events of 20.10.10, the lekki toll plaza was a crime scene. And like all crime scenes, ought to be treated accordingly. In crime management and investigation, the purpose of a crime scene is to control, preserve, record and recover evidence from the...
…scene of an accident or crime. Usually, this is embarked upon by forensic experts who after the detailed evaluation of the scene of the crime, & issuance of a final survey or report, RELEASES the crime scene to the owners, & takes the report to the court in aid of prosecution.
Read 18 tweets

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