…Falana urges police to maintain law and order amidst court ruling
….Police colluding with opposition to disrupt Rivers LG elections – Fubara
…Come Out For LG Poll, PDP Charges Rivers Residents
The Rivers State Independent Electoral Commission (RSIEC) says all is set for the local government elections billed for today, October 5th, 2024.
Police authorities in the state have said they will not provide security for the exercise, citing a court order.
However, RSIEC late Friday said the election will go on as scheduled.
“For the avoidance of doubt, we emphasize unequivocally that the 5th October 2024 Local Government Council Elections in Rivers State will hold as scheduled, and there is no going back,” RSIEC said in a statement by its Commissioner for Civil Education/Public Affairs Tobin Tamunotonye.
Quoting the RSIEC LAW of 2018 and the judgment of Hon Justice I.P.C. Igwe of the High Court of Rivers State delivered on 4th September 2024, and the 1999 Constitution, he said the agency is empowered to conduct local government elections in the state.
‘Police Presence Inconsequential’, Fubara Vows To Resist LG Poll Disruption
‘Critical’ Duty
He disclosed that the commission has transported non-sensitive materials to polling units across the state, and the updated 2023 voter registers have been made available at all 6,366 polling units.
RSIEC described the polls as “critical and in line with the order on RSIEC from the Supreme Court of Nigeria,” and emphasised that “voting centres will be open on time as scheduled as materials have been moved to the respective distribution points for all the polling unit and voters registers also released to election staff.”
It also dismissed claims about the resignation of its Chairman Justice Adolphus Enebeli (Retired).
“The above claim is mischievously false, baseless, and a fabricated lie from the pit of Hell calculated to mislead the public. For the avoidance of doubt the Chairman /Chief Electoral Commissioner is still in charge and has not resigned as maliciously circulated across the media space,” the commission said.
Police Pull Out, Fubara Insists On Polls
The events leading to the Rivers State local government elections have been marked by intrigues among political actors in the state. A verdict by the Federal High Court in Abuja had barred the Independent National Electoral Commission (INEC) from releasing the voter register to RSIEC.
It also ordered the police and the Department of State Services (DSS) not to provide security for the election. In the wake of the judgement, police authorities in Rivers say they won’t be part of the exercise.
But that has not stopped Governor Siminalayi Fubara who insists on going ahead with the elections even with his party – the Peoples Democratic Party (PDP) – not taking part in the polls.
He had around 1:00 am on Friday stormed the RSIEC office in Port Harcourt and accused police authorities of attempting to lay siege on the agency and cart away materials, a claim the police have refuted.
Falana urges police to maintain law and order amidst court ruling
Prominent human rights lawyer, Femi Falana (SAN), has advised Inspector-General of Police, IGP, Kayode Egbetokun to direct the Rivers State Police Command to ensure law and order during the upcoming October 5, 2024, Local Government Area (LGA) elections, despite a recent Federal High Court judgment barring police participation in the polls.
In a letter written on behalf of his client, the Rivers State Independent Electoral Commission (RSIEC), Falana urged the police to refrain from taking any action that could disrupt the elections or frustrate the legal process. He disclosed that an appeal has been filed against the September 30, 2024, judgment of the Federal High Court, Abuja, delivered by Justice P.O. Lifu, which ruled that the police should not partake in the election.
According to Falana, along with the appeal, a motion for stay of execution of the court’s judgment has also been filed. He explained that under the law, once a notice of appeal and a motion for stay of execution are submitted, parties involved are expected to maintain the status quo until the appeal is determined.
Falana referenced the Supreme Court decision in Mobil Oil Nigeria Limited v Assan (1995) 8 NWLR (PT 412) 129, which held that an unsuccessful litigant is not in contempt of court if they appeal a judgment and seek a stay of execution. He stated that the Rivers State Police would not be in violation of the law if they maintain order during the elections while awaiting the court’s decision on the stay of execution.
Falana further highlighted a related case, Action Peoples Party v. Rivers State Independent Electoral Commission & 2 Ors. (PHC/2696/CS/2024), in which the Rivers State High Court directed RSIEC to conduct the election in compliance with a Supreme Court judgment delivered earlier this year. He also noted that Governor Siminalayi Fubara of Rivers State had instructed the Police Commissioner to maintain law and order during the election, citing the constitutional powers granted to governors under Section 215 of the 1999 Constitution.
The lawyer expressed concerns about threats made by individuals who have allegedly vowed to disrupt the elections by destroying materials and inciting violence. He emphasized the importance of the police ensuring the safety of voters and the smooth conduct of the election.
Falana concluded by urging the Rivers State Police Commissioner to take all necessary measures to prevent any breakdown of law and order during the polls and protect the democratic rights of the citizens.
The letter underscores the ongoing legal and political complexities surrounding the Rivers State LGA elections, as well as the potential challenges to the enforcement of court rulings in the midst of a heated political environment.
Fubara: Police colluding with opposition to disrupt Rivers LG elections
Siminalayi Fubara, governor of Rivers, says the police are colluding with “enemies of the state” to disrupt the Saturday’s local government election.
Earlier today, the Rivers police command said its officers would not provide security for the conduct of the local government election in the state.
In a thread on X, Fubara accused police officers in the state and those from the force headquarters in Abuja of being “in cahoots with forces aligned against our state to create a state of anarchy”.
“This morning, l addressed a press conference alerting the world on the conspiratorial plot by some officers & men of the policeNG from both the State command & the Force HQ, Abuja who are in cahoots with forces aligned against our State to create a state of anarchy,” he said.
“This was sequel to the unwholesome invasion of the Rivers State Independent Electoral Commission office at the early hours of today, Friday, October 4, 2024.
“The reason for their invasion was to break into the RSIEC offices and cart away sensitive election materials with the intention of truncating the LGA elections scheduled for tomorrow Saturday, October 5, 2024.
“However, the courage and boldness of Rivers people who joined us to resist the dastardly act, saved the situation. The World press conference afforded us the opportunity of reassuring our people that the election will hold despite the withdrawal of @PoliceNG with the excuse of being in possession of a federal High Court judgment barring its officers from participating in election duties.
“We strongly believe that other security agencies are participating and will provide the necessary security coverage for the voters.”
On September 30, a federal high court in Abuja barred the Independent National Electoral Commission (INEC) from releasing the 2023 voter register to RSIEC.
The court also barred the inspector-general of police and the Department of State Services (DSS) from providing security for the election exercise in the state.
On October 2, INEC said it had not released the voter register to RSIEC for the conduct of the election, in deference to the judgment of the federal high court.
Come Out For LG Poll, PDP Charges Rivers Residents
The Peoples Democratic Party (PDP) has asked the electorates in Rivers State to participate in Saturday’s local government election in the oil-rich state.
The Rivers State Police Command had said it would not participate in the October 5 election, citing a ruling by Justice Peter Lifu of the Federal High Court in Abuja.
Tension heightened in the oil-rich state early Friday after police operatives stormed the Rivers State Independent Electoral Commission (RSIEC), with Governor Siminalayi Fubara insisting that the election will be conducted as planned.
Reacting in a statement on Friday, PDP National Publicity Secretary, Debo Ologunagba, asked the police authorities to provide security cover for the exercise.
Specifically, he called on the Inspector General of Police, Kayode Egbetokun, to act in a professional manner for the overall good of the nation.
To the PDP spokesman, the IGP “should note that he is duty bound under the Constitution to provide the enabling and secure environment for the smooth conduct of the Rivers State Local Government Area election irrespective of where he stands as an individual. Duty calls on him to act professionally in the overall interest of our hard-earned democracy and the stability of our nation, Nigeria.”
According to the opposition party, “the right to civil control of democratic activities in Rivers State as a federating unit belongs to the generality of the people of the State and such right, including participation in Local Government Area election cannot be abridged or appropriated by any person, group or organization under any guise whatsoever.”
Ologunagba maintained that Rivers people are ready for election, adding that the Rivers State Independent Electoral Commission (RSIEC) had also announced its readiness, preparedness and possession of necessary operational materials to conduct the election in line with the pronouncement of the Supreme Court and NO COURT under the Electoral Act 2022 (as amended) has the power to stop elections.”
He said, “For avoidance of doubt, Section 84(15) of the Electoral Act, 2022 provides that “Nothing in this section shall empower the courts to stop the holding of primaries or general elections, under the Act pending the determination of a suit”.
“The PDP in very strong term condemns the attempt by the APC-controlled Police to abridge, subvert and frustrate the smooth conduct of the Rivers State Local Government Area election against the Will of the people, the pronouncement of the Supreme Court, the express provisions of the Electoral Act, 2022 (as amended) and the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“The reported invasion of RSIEC facilities by Police operatives allegedly to frustrate the conduct of the election is a direct affront to our democracy and the Rule of Law; an attempt which was firmly resisted by the people of Rivers State who are resolute to express their Will at the poll.
“The Police and the APC should note that the people of Rivers State are peace-loving and law-abiding but will never allow anybody by whatever means to stifle, abridge, appropriate or subvert their Will especially in choosing who governs them, particularly at the Local Government level.”
The party also urged “Nigerians and the International Community to hold the APC and the Inspector General of Police responsible should there be any breakdown of Law and Order in Rivers State at this time.”
