Rivers LG poll: Falana writes IGP Egbetokun, seeks security for Saturday’s elections

Human rights lawyer, Femi Falana (SAN), has written to the Inspector General of Police, IGP Kayode Egbetokun, asking him to direct the Rivers State Police Command to maintain law and order during the Rivers State local government elections scheduled for Saturday.

Falana also asked the IGP to warn the Rivers State Police Command against any form of misconduct by its men and officers that would frustrate or truncate the elections.

Falana said that his letter to the police boss.

This comes after a statement credited to the Rivers State Police Command to the effect that it would comply fully with the judgment of the Federal High Court, Abuja, which barred it from participating in the local government elections in the state.

According to Falana, “The implication of the statement is that the police will not maintain law and order during the election.”

Falana said contrary to the Rivers State Police Command’s statement and resolution, an appeal has been filed against the judgment of the Federal High Court delivered on September 30, 2024 by the Justice P.O. Lifu.

He said, “Following the filing of the appeal, a motion for stay of execution pending the appeal has also been filed by our client.

“Having been served with the copies of the Notice and Motion for Stay of execution, we request you to direct the Rivers State Police Command not to take any step that frustrates the hearing and determination of the said motion for stay of execution of the judgment of the Federal High Court.

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“In other words, you are requested to direct the Rivers State Police Command to maintain law and order during the election for the following reasons:

“Since a notice of appeal has been filed together with a motion for stay of execution, parties are not permitted to take steps that may frustrate the hearing of the motion for stay of execution.”

Falana noted that by maintaining law and order during the election, “The police cannot be accused of contempt of court.”

He stressed that in the case of Mobil Oil Nig. Limited v Assan (1995), the Supreme Court held inter alia: “Chief FRA Williams, SAN referred the court to the cases of Huang & Ors. v. Bello & Ors. supra and Rastico Nigeria Ltd. v. Societe GeneraleSurveillance SA supra. These are Court of Appeal decisions and were in my view rightly decided.

“What the court below was saying in both cases was that where a person is appealing against a matter in which he had suffered a defeat and asked for a stay of execution pending the determination of the appeal, he would not be liable in contempt merely because he had not obeyed the order which he is appealing against or which he wants stayed pending the appeal.

“Trial and appellate courts have always had jurisdiction to grant stay of execution of judgment pending appeal.

“The exercise of the right to apply for a stay of execution by an unsuccessful litigant pending his appeal has not been treated as a disobedience to the judgment he is appealing against.”

He said, “In Suit No: PHC/2696/CS/2024 – Action Peoples Party v. Rivers State Independent Electoral Commission & 2 Ors., the Rivers State High Court has directed the Rivers State Independent Electoral Commission to conduct the local government election in accordance with the judgment of the Supreme Court in Suit No: SC/CV/343/2024 – Attorney-General of the Federation v. Attorney-General of Abia State & 35 Ors. (2024) LPELR -62576 (SC).

“The Governor of Rivers State, Mr. Siminalayi Fubara has directed the Rivers State Commissioner of Police to maintain law and order during the election in exercise of his powers under Section 215 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”

Falana further said that in the case of the Attorney-General of Anambra State v. Attorney-General of the Federation & Ors. (2005), the Supreme Court held: “The Constitution in Section 215 subsection(1) clearly gives the Governor of AnambraState the power to issue lawful direction to the Commissioner of Police, Anambra State, in connection with securing public safety and order in the State.”

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He said, “A few persons have openly boasted and threatened to destroy electoral materials, cause mayhem and unleash violence on the law-abiding people of Rivers State who may wish to exercise their democratic rights during the local government election.

“In view of the foregoing, we hereby urge you to direct the Rivers State Commissioner of Police to ensure that there is no breakdown of law and order in any part of Rivers State during the local government election scheduled to hold throughout the State on October 5, 2024.”

The APC had in September filed a suit marked FHC/ABJ/CS/987/2024 to stop the local government elections in the state scheduled for Saturday, October 5, 2024.

Joseph Daudu, a Senior Advocate of Nigeria (SAN), lead counsel for the APC, had pushed for the court to grant the prayers sought by his client.

He argued that the Rivers State Independent Electoral Commission (RSIEC) had not met the necessary conditions to conduct the local government elections.

However, Taiwo Taiwo (SAN), the lawyer representing the Attorney General of Rivers State, and Falana (SAN), who is representing the RSIEC, opposed the suit.

Taiwo and Falana challenged the court’s jurisdiction to hear the case and contended that the proper venue for the case should be the Federal High Court’s division in Rivers State, and not that of Abuja.

Also according to the senior lawyers, the suit was statute-barred and should not be entertained by the court.

Rivers LG poll: Falana writes IGP Egbetokun, seeks security for Saturday’s elections

Nigerian police fume over Fubara’s statement, give reason for storming RIEC office

The Nigeria Police Force has expressed deep concern over recent statements made by the Governor of Rivers State, Siminalayi Fubara, in which several allegations were leveled against the Office of the Inspector-General of Police.

Newstrends reports that Governor Fubara had on Friday accused the IGP of acting fraudulently by allegedly deploying his men to disrupt the Local Government elections scheduled for Saturday.

But in a statement on Friday by Force Public Relations Officer, Olumuyiwa Adejobi, dismissed the claim by the governor.

According to the police , the deployment of officers to the headquarters of the Rivers Independent Electoral Commission (RIEC) in the wee hours of Friday was to ensure security, adding that it acted in conformity with the order of the court.

The statement reads : “The Nigeria Police Force has noted with concern the recent statements made by the Governor of Rivers State, His Excellency Siminalayi Fubara, in which several unfounded allegations were leveled against the Office of the Inspector-General of Police and the Nigeria Police Force. In light of these claims, it has become necessary to set the record straight.

Firstly, it is important to clarify that there is a subsisting Federal High Court order barring the Nigeria Police Force from participating in the Rivers State elections. This order was duly served on both the NPF and the Rivers State Government. As a law-abiding institution, the IGP instructed the Commissioner of Police in Rivers State to strictly adhere to this court order by refraining from any direct involvement in the election process.

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However, in the evening of 3rd October,2024, The commissioner of police Rivers State, received reports that policemen from Rivers State Government house have been deployed to the office of Rivers State Independent Electoral Commission (RIEC) to aid the conduct of the election. This report was also relayed to the Inspector-General of Police who gave clearance to the Commissioner of Police to withdraw the policemen from the Government house and replace with policemen from the Command Operations department. The mandate of the men from the Operations Department, was to provide overnight security for the RIEC to prevent any attack on the facility.

It is also important to note that prior to this, there had been series of security breaches in the state following the spate of court orders and counter orders and reactions to them by supporters of the different political parties involved. The response of the Command to secure RIEC overnight was therefore professional and supported by the Inspector-General of Police. For emphasis sake, the policemen deployed to RIEC from the operations department of Rivers State Command on the night of 3rd October,2024 were with the sole mandate to protect the RIEC office from attack overnight. This action was proactive and responsive to intelligence at the disposal of the State Command.

It is therefore shocking to see the state governor storming the RIEC office at night, wrongly accusing the police on lawful duties, deriding the Police institution and using unprintable words to describe the Inspector-General of Police. The Nigeria Police takes exception to the unwarranted outburst of the Governor and particularly the weighty accusations which he falsely levied against the Inspector-General of Police and the entire Nigeria Police Force and advise caution and decency in the pursuit of individual political goals.

Threatening to shed blood and to burn down the State because of a Local Government election is not acceptable to us. The Nigeria Police Force is committed to protection of lives and properties and will work with other security agencies in Rivers State to ensure that there is no breakdown of law and order in the State. To this end, the Inspector-General of Police has ordered increased deployment into Rivers State to beef up security throughout the state. Citizens of Rivers state are advised to go about their lawful businesses.”

Nigerian police fume over Fubara’s statement, give reason for storming RIEC office

Worshippers flee as bandits disrupt Jummat prayers

Rampaging bandits in a surprised attack on Friday forced residents of Dan-Ali, a community in Katsina State,  to abandon their Jummat prayers after heavy shooting rocked the area during an attack by the insurgents. 

The incident, which took place in Danmusa Local Government Area, sparked fear and caused the disruption of prayers at several mosques.

“We were at the Jummat prayer when we heard the shooting and everybody ran. We couldn’t hold our prayers again.

“Thanks to the Security Watch Corps in the area that gave them a hot chase,” said a local source who spoke to PUNCH on condition of anonymity.

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The source also called for more security personnel, saying, “We need reinforcement because the bandits are giving us a tough time in our communities as we speak.”

For over a week, the attackers have been targeting farmers in Dan-Ali and nearby communities such as Gwarjo, Dangane, Tudun, Tasha Kadanya, and Tasha Biri. “Many farmers have been kidnapped, and we are all scared to enter our farms,” the source added.

Efforts to reach the Police Public Relations Officer, ASP Abubakar Sadiq, for comments were not successful at the time of this report.

Worshippers flee as bandits disrupt Jummat prayers