Ime Akpan
In an unprecedented ruling, Justice Peter Lifu of a Federal High Court in Abuja restrained the inspector general of police and the Department of State Services (DSS) from providing security for the October 5, 2024 local government election in Rivers State.
The judge also restrained the Independent National Electoral Commission (INEC) from releasing the voter’s register used for the 2023 general election to the Rivers State Independent Electoral Commission (RSIEC) for the purpose of conducting the election.
Lifu set aside the September 4, 2024 judgement by Justice I. Igwe of Rivers State High Court, endorsing the conduct of the poll.
Igwe had ordered the RSIEC body to conduct the council poll using the 2023 voter’s register.
The judge had held that the defendants were bound by Section 7, Subsection 1 of the Constitution and Section 5 (A) of RSIEC Law Number 2 of 2018 to make provisions and conduct the local government polls within the shortest possible time, especially following the expiration of the tenure of the former elected officials on June 17.
Besides, he said the federal government had urged states without democratically elected local governments to do so within three months, following the Supreme Court’s judgment on local government autonomy.
He ordered that all the necessary arrangements be made to ensure the conduct of the election on October 5, 2024, as announced by RSIEC.
While the suit in Rivers was filed by the All People’s Party (APP), that of Abuja was filed by the All Progressives Congress (APC), which claimed that before the RSIEC could announce the date for the conduct of the local government elections, the voter’s register from INEC to be used for the polls must be updated and published 90 days to the poll.
Reacting to Lifu’s judgement, the Rivers State Police Command said it would comply fully with the court’s verdict.
The spokesperson for the command, Ms Grace Iringe-Koko, said in a statement in Port Harcourt that the decision was sequel to the directive by the force legal department that the Lifu’s judgement takes precedence.
“The Nigeria Police Force seeks to inform all law-abiding citizens and stakeholders in Rivers State about the upcoming local government election, particularly in the light of recent court rulings.
“On July 19, 2024, a Federal High Court in Abuja issued a restraining order preventing the Nigeria Police Force and other security agencies from providing security during the local government election.
“Additionally, on September 30, 2024, the Federal High Court in Abuja delivered a judgment that again prohibited the Nigeria Police Force and other security agencies from participating in the local government election.
“Given these circumstances, the Nigeria Police Force has been advised by the Force Legal Department that the ruling from the Federal High Court on September 30, 2024, takes precedence.
“Recently, an opposition party protested, calling for adherence to the court orders and expressing their determination to prevent any disregard for the law.
“The Nigeria Police Force encourages all parties to seek appropriate legal redress if they feel aggrieved by any decisions or actions related to the election process.
“The Nigeria Police Force is dedicated to maintaining law and order and will not stand idly by in the face of potential disturbances.
“Necessary actions will be taken to enforce the court’s orders. All Area Commanders, Divisional Police Officers, and Tactical Commanders have been directed to ensure full compliance with the judgment of the Federal High Court.
“In view of the above, the Nigeria Police Force has been advised by the Force Legal Department to comply with the judgment of the Federal High Court dated September 30, 2024, which bars the Nigeria Police from allowing, participating in, providing security for, or taking part in the Rivers State Local Government Election on October 5, 2024.
“All other security agencies are also implored to comply with the Federal High Court judgment.
“In light of these developments, the Nigeria Police Force calls on all citizens to remain peaceful and orderly and to cooperate with law enforcement in upholding the rule of law during this crucial period,” Iringe-Koko said in the statement.
Wike’s loyalists hail court’s pronouncement
Chieftains of the Peoples Democratic Party (PDP) loyal to the minister of the Federal Capital Territory (FCT) and former governor of the state, Mr Nyesom Wike applauded the verdict and staged a protest against the conduct of the election.
Led by the state chairman of the party, Mr Aaron Chukwuemeka, the demonstrators marched to the headquarters of the Department of State Services and the State Police Command asking the two agencies to respect the subsisting court’s order and steer clear of the Saturday poll
Some current and former members of the national assembly as well as immediate-past local government chairmen, who are Wike’s allies, also took part in the protest. They included the minority leader of the house of representatives, Mr Kingsley Chinda; the member representing Khana/Gokana Federal Constituency, Mr Dumnamene Dekor and his counterpart representing Etche-Omuma Federal Constituency, Mr Kelechi Wogu and a former chairman of the PDP in the state and former Nigerian Ambassador to South Korea, Mr Desmond Akawor.
Others were former federal lawmaker, Mr Emma Deeya; a former commissioner for agriculture, Dr. Fred Kpakol and the former chairmen of Eleme, Gokana, Andoni, and Emuoha local government areas, Obarimate Ollor, Confidence Deko, Erastus Awortu, and Chidi Lloyd, respectively.
They wielded placards with various inscriptions, some of which read: ‘RSIEC, obey court order’, ‘Rivers State is not lawless’ ‘We say no to impunity’ and ‘Police and Army must not support RSIEC.’
Punch reported that group of youths among the protesters chanted slogans such as, ‘Under the rain, under the sun, we will follow Wike’, ‘No election in Rivers State’, ‘On your mandate we shall stand.’
Faction of the PDP loyal to Wike as well as a faction of the All Progressives Congress led by a Wike loyalist, Mr Tony Okocha said it would not participate in the poll citing irregularities and a lack of due process by the RSIEC.
Chukwuemeka threatened that that should RSIEC went ahead with the poll, the party would not stand by if it led to a crisis.
“No man is bigger than the law. We as a party are not going to participate, and if they go ahead with the election and cause a crisis, we as the PDP will not fold our hands.
“In that judgment (referring to Lifu’s), it was expressly stated that RSIEC should not conduct the election. The Independent National Electoral Commission should not release the voter register to RSIEC, and the security agencies were told not to participate in the election,” he said.
However, the APC faction loyal to former minister of transport, Mr Rotimi Amaechi and led by Mr Emeka Beke, said announced its readiness to take part in the exercise and presented party flags to candidates in 22 of the 23 local government areas in the state.
No one can stop the poll – Fubara
The state governor, Mr Siminalayi Fubara, insisted that the election would hold as scheduled.
He warned against any attempts by groups or individuals to disrupt the electoral process, emphasising that he would not tolerate any actions aimed at creating confusion or instability in the state.
Addressing a stakeholders’ meeting at the government house, the governor said he was at a disadvantage because his party (the PDP) had pulled out of the election.
“You know, in this election, I am the greatest loser because my party is not participating. But due to the Supreme Court ruling that there must be elected officials to manage the affairs of local governments, as governor, I have to comply,” he said.
the governor said following the Supreme Court ruling, a meeting was held with President Bola Tinubu, where they agreed to comply with the ruling within a 90-day timeframe.
As a result, Fubara insisted that the local government election must proceed, even though the PDP was not involved.
The governor expressed frustration over the resistance to the election in Rivers State, noting that other states across the country had conducted local government elections using the 2023 voter register without such controversies.
He added: “Ten states of the federation have conducted elections with the 2023 voter register. I don’t know why things in Rivers State are always different. Is it that when it comes to the law of the Federal Republic of Nigeria, it is interpreted differently for Rivers State?”
Like a thief in the night
On Friday night (yesterday) some persons allegedly dressed in police uniform attempted to break into RSIEC’s office on Aba Road to steal sensitive electoral materials.
It was gathered that the suspected thieves had around 1am tried to scale the gates and access the strong room where crucial materials for the election are stored.
According to reports, the plan was foiled when vigilant security personnel alerted the principal officers of the commission, who promptly notified Fubara and other relevant authorities.
In response, the governor led a team of government officials, lawmakers from both the national assembly and state house of assembly, and other political stakeholders to the scene.
IGP is complicit – Fubara
Speaking to reporters outside the RSIEC office accused the police of attempting to usurp control of the RSIEC.
He alleged that contingent of policemen, led by the deputy commissioner of police (operations), endeavoured to breach the electoral commission’s gates and strong room to steal sensitive materials meant for the forthcoming local government elections.
Fubara asserted that the clandestine operation, alleging that inspector general of police was taking his friendship with some Abuja-based politicians too far.
He restated the position that the attempt to surreptitiously withdraw policemen already deployed to protect the facility, and replace them with a detachment from a neighbouring State was unacceptable.
He reminded the police chief that local government election is the internal affairs of states and advised him to allow the federating unit conduct its affairs without interference.
He urged registered voters and political leaders to be present at their polling units to participate in the election and ensure the smooth conduct of the exercise.
