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Rivers LG poll: Falana writes IGP Egbetokun, seeks security for Saturday’s elections
Updated: Rivers: Falana writes IGP, seeks security for today’s LG election
Human rights lawyer, Femi Falana (SAN), has written to the Inspector General of Police, Kayode Egbetokun, asking him to direct the Rivers State Police Command to maintain law and order during the local government election scheduled for Saturday (October 5).
He also said a notice of appeal had been filed against the judgment stopping the conduct of the local government poll.
Falana therefore asked the IGP to warn the Rivers State Police Command against any form of misconduct by its men and officers during the election.
This is coming after a statement credited to the Rivers State Police Command saying 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.
Falana stated, “The implication of the statement is that the police will not maintain law and order during the election.”
He said contrary to the Rivers State Police Command’s statement and resolution, an appeal had 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 said 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 Generale Surveillance 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).”
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Falana 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.
The senior lawyers also contended that the suit was statute-barred and should not be entertained by the court.
Updated: Rivers: Falana writes IGP, seeks security for today’s LG election
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200,000 repentant terrorists surrender, drop arms in North East – CDS
200,000 repentant terrorists surrender, drop arms in North East – CDS
The Chief of Defence Staff, General Christopher Musa, has disclosed that about 200,000 repentant terrorists have so far dropped their arms and surrendered to troops in the North East, noting that the twin strategy of kinetic and non-kinetic operations was responsible for this achievement.
The CDS made this known at the Security and Justice Symposium organised by the Office of the National Security Adviser (ONSA) in collaboration with the British High Commission, which began at the National Counterterrorism Centre in Abuja on Tuesday.
He disclosed that the theme of the symposium, ”Securing Peace, Ensuring Justice, Protection, Conduct, and Accountability,” speaks volumes about the deluge of security challenges the armed forces and security agencies are facing.
His words, “All the challenges we are facing today have to do with fairness, equity, justice, and accountability.
“There will not be peace without justice, equity, fairness, and accountability. In our operations, we are conducting both kinetic and non-kinetic strategies, which have to a large extent yielded significant successes, and we want to particularly thank the National Security Adviser for his great support in this regard.
“Nigeria is going through so many challenges, and we feel we’re able to address this, and everybody has a sense of belonging. A lot of the security challenges we are having, we are sure, will go down. I want to thank the National Security Advisor for all the support he’s given us, both the kinetic and the non-kinetic.
“We have said it; the kinetic aspect is just less than 30%. The non-kinetic has a lot to play. The non-kinetic, because when you have democracy, people must have the evidence of democracy. As long as it tells people to sleep well and be peaceful, and they are hungry, their children cannot eat, and all this creates more problems.
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“The issue of informants. We have to look at how we tackle this issue of informants. Because these are the people who have created the issue.
200,000 repentant terrorists surrender, drop arms in North East – CDS
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Robbers kill two members in shoot-out with Delta police
Robbers kill two members in shoot-out with Delta police
The spokesperson for the police in Delta State, SP Bright Edafe, has confirmed the death of two robbery suspects in the state.
Mr Edafe, who disclosed this to journalists on Tuesday in Warri, said that the deceased were killed from the bullets shot by their gang members.
According to him, the incident occurred on Wednesday at Effurun, Uvwie Local Government Area of the state.
Mr Edafe explained that the deceased were leading the police surveillance team attached to the Ekpan Division to their hideout when they were caught during a shoot-out.
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“The suspects were arrested at Effurun roundabout with a bag containing 57 live cartridges and other items. They were leading the surveillance team to their hideout at Warri/Sapele road when their gang members, on sighting the vehicle of the police team, engaged them in a shootout.During the gun duel, the arrested suspects that were leading the police team were fatally wounded by the gun shot of their colleagues. The two injured suspects were taken to the hospital and later died while receiving treatment,” he said.
Mr Edafe said that items recovered from the hoodlums hideout included: one English pump action gun, one locally made cut-to-size gun and eight live cartridges.
Others were: six iPhones, Smart phones and a Rolex wrist watch.
He said that the command had intensified manhunt on the fleeing members of the gang.
Robbers kill two members in shoot-out with Delta police
(NAN)
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