The National Hu­man Rights Com­mission (NHRC) and the Chairman of its  Governing Coun­cil, Dr Chidi Odinkalu, have asked a Federal High Court to set aside its or­der stopping the execution of the commission’s deci­sion on the killing of eight squatters at the National Assembly Quarters in Apo.
In an application filed by their legal representative, Mr. Tayo Oyetibo (SAN), the plaintiffs also asked the court to set aside the originating motion, filed by the State Security Service (SSS), seeking to quash the commission’s decision which found the SSS cul­pable in extra-judicial killing of the squatters.
It is their contention that the SSS failed to give the commission the notice pre­scribed by Section 18(3) and (4) of the NHRC (Amend­ment) Act, 2010 before insti­tuting the suit.
The section required any­one suing the commission to give it a written notice of its intention to go to court.
The commission, in its decision, had held that SSS failed to establish the allega­tion that the squatters were members of the Boko Haram sect.
The security agencies had claimed that the squatters were members of the Boko Haram sect, but the commis­sion held that the killing was not justified in the circum­stances.
Consequently, it awarded damages against the SSS and the Nigerian Army, whose men also took part in the extra-judicial killings.
In line with its enabling statute, the commission ap­plied to the court via an ex parte application to register the decision in order to make it enforceable like a judg­ment of the High Court.
Although, the application was made without notice to the other parties, Justice Ga­briel Kolawole refused it and instead ordered that the SSS and other parties be put on notice. However, without hearing the commission, Justice Ko­lawole in a suit filed by the SSS  stopped the execution of the commission’s deci­sion. He also gave leave to the SSS to commence proceed­ings for judicial review to quash the report of the com­mission. While granting the leave, the judge ordered a stay of execution of the  83-page report, which indicted the Nigerian Army and the SSS for the murder of the squat­ters on September 20, 2013.
In the report, the com­mission said the security agencies had “no credible evidence” to tag the eight youngsters killed as agents of Boko Haram terror group.
The commission also queried why other squatters found in the same building were not interrogated but sent out of Abuja with an in­struction not to return to the city if truly they were mem­bers of the sect.

Apo killings: NHRC asks court to set aside order