A complainant before the IIP-SARS, Confidence Leera, Monday in Abuja, asked the panel to order a summary dismissal and prosecution of ASP David Ahmed Agbo, mentioned alongside five other Police officers over alleged unlawful arrest and enforced disappearance of the complainant’s brother, Edward Dumsira.
A press statement issued by the National Human Rights Commission (NHRC) media unit said the complainant told the panel that the request became necessary given the trauma experienced by his family members, following the unlawful arrest and enforced disappearance of their brother, who was married and had a son.
Speaking through his counsel, Victor Giwa, the complainant prayed the 11- member panel, chaired by Justice Suleiman Galadima (rtd) to order the Police to release a car marked Exhibit ‘C’, which according to him belongs to one Promise Leera, the victim’s brother, allegedly ceased by the Police.
Meanwhile, the counsel to SP Martin Samuel and ASP David Ahmed Agbo, 1st and 3rd respondents, Gabriel Okpata while adopting his final written address in defence of his clients, urged the panel to discountenance the submission of Victor Giwa pertaining to the Doctrine of Last Seen, saying ASP Agbo had earlier testified before the panel that Edward Dumsira was taken to the hospital before he later died, meaning that he did not die in Police custody.
In adopting his final written address in his personal defence as the 2nd defendant, DSP Essein Edet told the panel that he was not a necessary party to the petition, saying that he only routinely signed official documents in his capacity as Police lawyer in the IRT ‘D’ Division, Itam, Uyo, Akwa Ibom state and therefore was not supposed to be listed as a respondent in the first place.
According to DSP Edet, this matter could go ahead without his presence and that even if he had chosen not to appear before the panel, whatever is the outcome of the petition would not affect him in any way.
However, the complainant’s lawyer insisted that his request for a summary dismissal and prosecution of ASP David Ahmed Agbo was necessary and therefore anchored his application on the Doctrine of Last Seen, which provides that the last person seen with someone who was murdered is the murderer.
The counsel who went further to cite a court of appeal decision to support the Doctrine of Last Seen, as it relates to the instant case, also urged the panel to hold that the complainant’s plea for N100 million compensation for the enforced disappearance of his brother, whom the Police had admitted died as a result of gunshot injury from suspected associates of Edward Dumsira was in order.
ASP David Agbo had earlier testified before the panel that while he led a team of Police officers on investigation in the company of Edward Dumsira, his associates attacked the police team and in the process left Dumsira with gunshot injury which later resulted in his death in the hospital.
The testimony which confirmed the death of Dumsira was made in 2020 before the panel.
It will be recalled that Dumsira was allegedly involvement in Niger Delta militancy, though his brother had severally said he was a repentant militant and was assisting government in its amnesty programme in the affected areas.
The case was adjourned to November 12, 2021 for defence.
