5th July, 2012
AKWA IBOM STATE SECURITY COUNCIL
C/O THE DEPUTY GOVERNOR
OFFICE OF THE GOVERNOR
SPECIAL SERVICES DEPARTMENT
AKWA IBOM STATE.
THE UNCONSTITUTIONALITY OF THE AKWA IBOM STATE SECURITY COUNCIL INVESTIGATING GENOCIDE/MASS MURDER AND THE NEED FOR DIRECTION OF SUCH INVESTIGATION TO THE POLICE AND PROSECUTION IN THE COURT.
RE: PETITION ON SPONSORED MURDER OF THREE BROTHERS BY NOEL NDUKA (SSS OPERATIVE ATTACHED TO AKWA IBOM STATE COMMAND) AND SOME POLICEMEN AND DEMAND FOR ARREST OF SENATOR ALOYSIUS AKPAN ETOK, CHIEF BASSEY INUAEYEN, PETER INUAEYEN, BENJAMIN CHRISTOPHER AKPAN OTU AND JUSTICE FOR CHIEF ESSIEN AKPABIO’S FAMILY
Recall on Sunday 25th March 2012, three brothers of the same parents namely: Charles Akpabio, Emmanuel Ukpabio and Joseph Akpabio of Mente Village, Nkari Clan, Ini Local Government Area of Akwa Ibom State were gruesomely killed/murdered before their aged parents Chief Essien Akpabio aged 84 and Mrs. Atim Akpabio aged 72 by one Noel Ikem Nduka (an SSS operative serving in Akwa Ibom State Command while armed with TAVOR TAR 21 and P90 SSS riffles) whose telephone number is 08034731462 in conjunction with some Policemen from Akwa Ibom State Police Command.
On Saturday March 24th, 2012 three white men purportedly working as expatriate with AG Vision Nig. Ltd (the Contractor handling the construction of a DAM in Nkari Clan) in the Company of One Mr. Benjamin Christopher Akpan Otu from Ifa Village of the same Nkari Clan came looking for the children of Chief Essien Akpabio and the Chief himself.
The three white men came with a carton of wine to invite the Akpabio’s children being the youth leader in their community for a meeting in respect of community/youth empowerment in respect of the DAM construction in their village.
Mr. Joseph Akpabio who is the youth leader then invited the other youth leaders/executives in the village for a meeting which was slated for the next day at his residence at Ikot Ekpene (about 45 minutes drive from Nkari Clan).
Unknown to them their best friend Benjamin Christopher Akpan Otu who lead the white men to the compound the previous day (who also ran errand for Senator Aloysius Akpan Etok) was a bait to lure them out to be murdered by the operative of SSS led by Noel Ikem Nduka and some Police men.
When the children of Chief Essien and other youth leaders arrived at Ikot Ekpene the next day and the meeting took place, while the meeting was ongoing, the three white men excused them to hold brief tete-a-tete meeting/discussing with them outside the house. As they stepped outside the living room, they met over twenty armed police men and one SSS operative called Noel Nduka (while armed with TAVOR TAR 21 AND P90 RIFFLES) whom they had known having attended the said Noel Nduka child dedication ceremony sometime in 2011. The three white men who pretended that they wanted to hold a tete-a-tete meeting/discussion with the trio then shook hands with the Noel Nduka and left.
The armed men and Noel Nduka rounded them up and ordered everybody in the compound to lie face down, handcuffed them behind and forced them into their trucks. Benjamin Christopher Akpan Otu began to discuss with the armed men and Noel Nduka freely. The armed men and Noel Nduka (the SSS operative) opened fire on them (about six of them) on their knees and crippled them. They used raffia rope to tie Joseph Akpabio who was questioning Benjamin Christopher Akpan Otu what crime they had committed that he lured them into the hands of the killer squad. The Akpabios begged Noel Nduka why he should do this evil to them considering how they contributed money to make his child dedication successful and Noel Nduka was shocked to discover that the victims knows him.
Benjamin Christopher Akpan Otu was unhurt. The armed men and the SSS drove them to their village with Benjamin Christopher Akpan Otu to identify the father of Emmanuel, Charles and Joseph Akpabio to be killed. On getting to the village, Benjamin Christopher Akpan Otu was given a face mask to cover his face.
The armed men and SSS Operatives on arrival at Chief Essien Akpabio’s house ransacked ever
ywhere looking for Chief Essien Akpabio while the masked Benjamin Christopher Akpan Otu was directing the armed men and SSS Operatives as to the possible place Chief Essien Akpabio could be hiding or found. Eventually the armed men and the SSS Operatives dragged Charles and Joseph Akpabio to a plantain tree at the back of the backyard of the compound and executed them in the presen
ce of their aged parents. After the execution, Noel Nduka told Benjamin Christopher Akpan Otu to inform Senator Aloysius Etok, Peter Inuaeyen and Chief Bassey Inuaeyen that the deed has been done. The other four boys including Emmanuel Akpabio were then taken way and were subsequently executed and dumped at the roadside of Obot Akara LGA Area and labeled robbers by the SSS Operatives and the Police.
WHY THEY WERE MURDERED
Chief Essien Akpabio owns 80% of the total economic crops/cocoa and lands
mass where a DAM is being constructed in Nkari Clan and that the Federal Ministry of Water Resources had approved about Five Hundred Million Naira (N500M) as payment of compensation to the owners of the land where the DAM is being constructed.
Senator Aloysius Akpan Etok (Chairman Senate Joint Committee on Public Service and Establishment) the current senator representing Ikot Ekpene Senatorial District in the Senate of the Federal Republic of Nigeria in conjunction with a former governorship aspirant in Akwa Ibom State, Chief Bassey Ekpenyong Inuaeyen hired the State Security Service Agent (Noel Nduka) and the killer Police men to eliminate the family of Chief Essien Akpabio in order for th
em to use phantom names and share the compensation money in respect of the land where the DAM is being constructed. Information at our disposal indicate that the Noel Nduka is often being used by politicians in Akwa Ibom State to kill innocent people for a fee and this account for his sudden and vast wealth beyond the salary paid by the SSS to him.
At the moment, the SSS led by Noel Nduka and the killer Policemen are still hunting for Chief Essien Akpabio and his daughter Lady Apostle Helen Ukpabio for elimination in
order to close any challenge in the sharing of the DAM compensation. The said Noel Nduka recently admitted that he was given 28 names to kill from Nkari Clan and that he has not exhausted the list. According to him, one of the persons on the list was Lady Apostle Helen Ukpabio. He was quoted to have said that once he was given a list to kill, even if that person is the Governor’s son he wil
l kill. According to him, his financier of the killing had assured him that once he carried out the killing nothing will happen.
The said Christopher Benjamin Akpan Otu who played the biblical role of Judas Iscariot in the dastard act of the murder of the Akpabio’s was recently compensated with a Councillorship slot as unopposed candidate on PDP candidate by the duo of Senator Aloysius Akpan Etok and Chief Bassey Inuaeyen. The said Christopher Benjamin Akpan Otu could be reached on telephone number 08025341371. The said Senator Aloysius Akpan Etok could be reached on 0803
5428044 and 08022914401 while Chief Bassey Inuaeyen could be reached on 08033010004.
The detail of the horror and gruesome murder could be found on the following blogs on the internet and youtube:www.murderedandframed.blogspot.com
. The site engineer AG Vision Nig. Ltd who is working on the DAM project is Engr. Bassey Udo Nya and he could provide the identities of the white men who came to Chief Essien Akpabio’s house looking for his children. The said Engr. Bassey Udo Nya could be reached on telephone number 08023232725
In view of the fact that a heinous crime of murder/genocide was carried out by Noel Nduka in killing six youths including three children of Chief Essien Akpabio, the question is, can Akwa Ibom State Security Council setup an investigative body to han dle this heinous crime? The answer is certainly in the negative. As was stated by the Supreme Court in the case of GARBA & ORS V. UNIVERSITY OF MAIDUGURI (1986) 1 N.S.C.C 245, SOFEKUN V. AKINYEMI & ORS (1980) N.S.C.C 175, JUSTINE EGBUNIWE & ORS V. FEDERAL GOVERNMENT OF NIGERIA & ORS (2010) 2 N.W.L.R (PT. 1178) 348. The Supreme Court and Court of Appeal were unanimous in their decisions that where allegation of crime is in issue, no State is permitted by Law and the Constitution to set up administrative body of inquiry to look into and make recommendation to the Government. But rather, it is the duty of the Police to investigate the allegation of crime pursuant to the power conferred on the Police under the Police Act and a trial in a Court of Law established pursuant to Section 6 of the 1999 Constitution as amended.
The Attorney General of Akwa Ibom State who is also a member of this investig ative body is by Section 221 of the Constitution, Federal Republic of Nigeria, the Chief Prosecutor of Akwa Ibom State. He cannot sit as an investigator having a quasi judicial power and at the same time being the chief prosecutor for the State. We do hope the State Attorney General will properly advise the Akwa Ibom State Government on the implication of this noble step of the State Government but carried out in a wrong and unconstitutional way.
But while we quite appreciate the interest of the State Government in unraveling the personalities behind this heinous crime, the panel set up by the State Government is with due respect unconstitutional and unlawful and consequently the Akpabio family will not wish to testify before the panel as any decision reached therein will be null and void in the eye of the Law and liable to be set aside by the parties affected.
The Akpabio’s family have clearly identified the killers namely:
– Noel Ikem Nduka, (SSS Operative attached to Akwa Ibom State)
– Chief Bassey Inuaeyen (the sponsor of the operation)
– Peter Inuaeyen (the link man and the mobilizer of the killer squad)
– Senator Aloysius Etok (Financial mobilizer)
– Bassey Udonya Bassey (link man to the three white men)
– Benjamin Christopher Akpan Otu (the bait man and pointer of the deceased).
It may interest the Akwa Ibom State Security Council to know that the Police in Akwa Ibom State made an arrest of Benjamin Christopher Akpan Otu on 16th June 2012. He made confessional statement to the Police on his role in respect of the murder. He categorically stated and indicted Noel Nduka as the one who killed the deceased. He also stated that Bassey Inuaeyen was the sponsor, Peter Inuaeyen handled the financial mobilization and a link person between the murderers and the brothers. According to Benjamin Christopher Akpan Otu, after the killing he was taken by Noel Nduka to the SSS Headquarters in Uyo for briefing and was subsequently release to go.
Initially, when we confronted the Akwa Ibom State Director of SSS in his office in Uyo, he denied having any SSS agent in the Command called Noel Nduka, but after monumental evidence, he admitted that Noel Ikem Nduka was their agent. He also denied that the riffles used for the operation was from the SSS. He was enraged that his job was at stake in that we have indirectly accused him of opening the armory of the SSS for being used for illegal operations. He maintained that the operations was not authorized or sanctioned by the State SSS.
After Benjamin Christopher Akpan Otu made confessional statement, he was unceremoniously released from Police custody on Sunday 24th June 2012 by “order from above” without any bail attached to it. It is saddening that while the blood of the victims are crying out for justice, the felons like Noel Ikem Nduka are walking freely on the streets of Nigeria. We do hope the Government would halt this trend.
In view of this negative trend, we would appreciate if the Akwa Ibom State Security Council headed by His Excellency, Chief Godswill Obot Akpabio could direct the Commissioner of Police Akwa Ibom State Command to arrest the felons whose identities we have earlier stated.
While we are willing to cooperate with all security agents in ensuring that the felons stand trial for the gruesome murder of the Akpabios and others, we will not be in a position to testify in a panel whose composition, work and recommendation is unconstitutional as this would mean embarking on exercise in futility in view of judicial pronouncement by our courts on similar administrative investigative bodies on crimes in the past.
Thanking you in anticipation of your appreciation of our legal position.
Victor Ukutt Esq.
For and on behalf of Chief Essien Akpabio’s family
The Senate President, Federal Republic of Nigeria
The Speaker, House of Representative, Federal Republic of Nigeria
The Attorney General of the Federation & Minister of Justice
The Inspector General of Police
The National Security Adviser
The Director General, State Security Services
The National Human Rights Commission
The Chairman, Police Service Commission
The Chairman, House of Representatives Committee on Public Petitions
The Chairman, Senate Committee on Public Petitions