By Dayo Benson
LAGOS — PRESIDENT of the Nigeria Bar Association, NBA, Mr. Joseph Daudu, SAN, and a member of National Judicial Council, NJC, Mr. Olisa Agbakoba, SAN, have expressed divergent views on the 22-man panel of enquiry set up by President Goodluck Jonathan to investigate and make recommendations on the post-election violence that rocked some parts of the country.

While the NBA president berated Federal Government’s response to the violence and described the Lemu-led panel as a toothless bulldog as well as a drain on the nation’s resources, Agbakoba said there was nothing wrong with the panel since it was set up to investigate that violence.

The two senior lawyers spoke separately at different fora in Lagos. Dauda who spoke at the association’s monthly interaction with journalists, however, denied walking out on the Federal High Court presided over by Justice Archibong. Agbakoba who was also NBA former president spoke in an exclusive interview with Vanguard.

NBA’s position

Dauda, who read an address which contained NBA’s position on national issues, said it was only state governments that had the power to set up such panel based on Supreme Court judgment.

He said: “The response of government to this crisis that possessed the potential force of balkanising this great country leaves much to be desired. Government has now set up a 22-man fact finding panel known as the Lemu panel to gather fact and forward to the FGN for appropriate action.

“However, by government admission, a toothless bull-dog in the nature of the 22-man Lemu panel has been set up by government of the federation. Because of the Supreme Court decision in Fawehinmi vs Babangida (2003) 3 NWLR (Pt. 808) the panel lacks coercive powers. What good is a panel even a fact finding one that lacks the evidence to invite or compel the appearance of persons whose evidence would throw substantial light into the problem?

The NBA and other civil societies stand ready to ensure that justice is done to all Nigerians.”

However, Agbakoba said: “I didn’t see the panel as a legal panel. The President by virtue of section 5 of the constitution is the chief executive offer of Nigeria, and he has to do things to give us confidence that he is concerned. One thing  I like about presidents in advanced countries is the way they respond personally to handling national issues. I don’t  think that the setting up of the panel has anything to do with politics or law.

“If you were one of those affected, you would be emotionally satisfied by the President setting up the panel. If the President can express condolence to Nigerians, I think that would bring some kind of satisfaction and send text messages to the parents and relatives of the dead corps members  involved I think that is what president should do. We intend in Nigeria  to put everything we do into legalism, the panel is not a legal panel.”