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We are here to gather facts from security agencies, community leaders, and community dwellers.’ “By virtue of section 172 of the Armed Forces Act, a board of inquiry is set up by military authorities to consider a wide range of misconduct or issues that pertain to the conduct or performance of members of the armed forces or their suitability for continued military service.” Falana added that the authorities of the armed forces lack the power to investigate alleged criminal activities of citizens who are not subject to service law.
He said, “For the avoidance of doubt, section 172(4) of the Armed Forces Act states that ‘Evidence given before a board of inquiry shall not be admissible against a person in a proceeding before a court-martial or at a summary trial by the commanding officer or appropriate superior authority other than a proceeding for an offence under section 101 of this Act or for an offence under section 114 of this Act when the corresponding offence is perjury.’ “Under the current democratic dispensation, the Governor of Delta State, Hon.
“Our authority for this submission is the case of Fawehinmi v Babangida (2003) 10 WRN 1, where the Supreme Court held that the power to institute a judicial or administrative inquiry to investigate civil disturbances is vested in the Governor of each state of the Federation and that the power of the President to set up a panel of inquiry is limited to the Federal Capital Territory..
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