Cable News Network (CNN), has objected the summons issued on it to appear before the Lagos State Panel of Judicial Inquiry investigating the alleged killing of #EndSARS protesters by the Nigerian Army on October 20 at the Lekki tollgate, Lagos.
The CNN’s lawyer at the panel, Olumide Babalola LP, however, noted that the international news outfit instructed their team of lawyers to file an objection on the ground that the panel lacks jurisdiction to summon them since they are not in Nigeria.
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 sat on Saturday, December 12, 2020, they invited CNN’s lawyer into the Private Hearing Room where he reiterated his objection.
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.
The lawyer urged the panel to withdraw the summons issued on his clients and to instead, watch the CNN report on the Lekki shootings.