A cursory watcher of political events will require wisdom and sagacity to understand and interpret the confusion and tension over the conduct of local government elections in Rivers State. Many citizens of the State kept vigil at the various local government offices as election materials were delivered throughout the night. The elections would certainly be
A cursory watcher of political events will require wisdom and sagacity to understand and interpret the confusion and tension over the conduct of local government elections in Rivers State.
Many citizens of the State kept vigil at the various local government offices as election materials were delivered throughout the night. The elections would certainly be held, from all indications, the results announced, and the winners sworn in almost immediately. Unfortunately, the fight over the soul of the state is pulling down other national institutions.
The judiciary seems to be the biggest culprit and worst casualty in the unfolding scenarios. It is divided and courts of coordinate jurisdiction are giving contradictory orders. The State High Court has cued behind Governor Fubara while the Federal Court is backing former governor Wike, now a minister. He has secured several orders against the State from the Federal High Court. The Independent National Electoral Commission (INEC) has also been dragged into a matter outside its purview and maybe a fall guy in the process. The third institution is the Nigerian Police Force, which has shown partisanship in the matter.
The Nigerian Police Force has shown much ambivalence in the matter, blowing hot and cold. It had earlier stated it wouldn’t have anything to do with the election in obedience to a Federal High Court judgement. But it suddenly Friday despatched personnel to keep watch over the secretariat of the Rivers State Independent Electoral Commission (RSIEC) at about midnight.
There has been palpable tension in the State in the last three days, with the contending forces threatening Armageddon. The battle is about who controls governance at the local government level, regarded as the grassroots and the closest in the three tiers to the people, and the most influential in swaying votes since all politics is local. Combined, they control more resources including Federal allocation than the state government.
The battle snowballed from individuals into the State versus the Federal with the state perceived as the underdogs. Local government elections in Nigeria are usually won by the party in control at the State level. This is because the Nigerian Constitution vests the power of control of the local governments in many ways in the State government.
Rivers State scenario, however, offers a unique difference. The Governor is of the PDP but the party is boycotting the elections. It is believed that the Governor’s loyalists are contesting on the platform of the Action People’s Party (APP). Interestingly, it is the opposition party, the APC which is supposedly fielding candidates in the election that has gone to court to obtain a judgment stopping the elections.
Despite Friday, the eve of the election being a public holiday, there were more than five press conferences addressing matters concerning the elections: some for, others against. The day was flagged off by a press conference by the State Governor, Siminalayi Fubara, followed by the Council of traditional rulers and then elders from the two camps, then statements from the Police.
Governor Fubara’s Press Conference
He alerted the world on the conspiratorial plot by some officers and men of the Nigeria Police from both the State command and the Force HQ, Abuja who are in cahoots with forces aligned against Rivers State to create a state of anarchy. This was a sequel to the unwholesome invasion of the Rivers State Independent Electoral Commission office in the early hours of today, Friday, October 4, 2024.
Governor Fubara’s Press Conference
According to the Governor, the reason for their invasion was to break into the RSIEC offices and cart away sensitive election materials to truncate the LGA elections scheduled for tomorrow Saturday, October 5, 2024.
“I don’t think the police is supposed to be part of the election process, what police should do is to protect lives and properties…..and they are not even supposed to be close to the polling unit or the voting center, so their presence does not matter to me”, he said.
He seized the opportunity to invite other security agencies to participate and provide the necessary security coverage for the voters.
Voice of the Traditional Leaders
“Residents of Rivers State woke up today, 4th October 2024 to the disturbing news of some “rogue” policemen allegedly attempting to break into the office of the Rivers State Independent Electoral Commission (RSIEC) with the intent of tampering with electoral materials meant for the Rivers State Local Government Elections on Saturday, 5 October 2024.
“To worsen the already rising suspicion and distrust that residents of the State now have for the Nigerian Police, the Rivers State command of the force maintained that they would not provide security for the local Government elections holding on Saturday 5 October 2024. _*As monarchs and custodians of the traditions of the people, we hereby: _
“Call on the President, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, His Excellency, Bola Ahmed Tinubu GCFR, to call the Police to order so that they do not, by their actions which are now clearly partisan, cause trouble in Rivers State. To call any person or group of persons, trying to use the Police to cause a breach of peace in Rivers State, because if Rivers State is allowed whatever political interests to return to the dark days of disorder, the nation will be the ultimate loser.
They called on “eligible voters in Rivers State to come out en-mass tomorrow Saturday 5th October 2024 to exercise their franchise by electing those that will run the 23 Local Government Councils as councillors and chairmen for the next 3 years. And called on the Rivers State Independent Electoral Commission (RSIEC) to be firm in conducting the elections in line with global best practices.
Signed for and on behalf of members of the Rivers State Council of Traditional Rulers by His Majesty, King Chike Anderson A. Worlu Wodo, DSSRS, JP, Eze Oha Apara (IV) Chairman Rivers State Council of Traditional Rulers and Dr. Ogwuokwa Matthew Jonah Secretary To Council
Misinformation on Resignation of Chairman Electoral Body
Justice Adolphus Enebeli
“The attention of the Rivers State Independent Electoral Commission has been drawn to a spurious information making the rounds that the Chairman/Chief Electoral Commissioner, Hon Justice Adophus Enebeli DSSRS(RTD) has resigned.
“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.
“The non-sensitive materials for the Saturday 5th October, Local Government poll have since been transported across the state. It is also imperative to note that the 2023 updated voters register has been posted across all the 6366 polling units in Rivers State.
“That RSIEC wishes to inform the public that we have concluded a critical aspect of tomorrow’s election which climaxed with our successful distribution of non-sensitive materials and election logistics mobilization ahead of voting tomorrow.
“As Rivers people head to the polls in the next few hours, we implore all candidates, supporters, and the public to exercise their franchise in strict compliance with the Electoral Law.
“The RSIEC LAW of 2018, the judgement of Hon. Justice P. C Igwe of the High Court of Rivers State delivered on 4th Sept 2024, and the 1999 Constitution of the Fed. Rep. of Nigeria as amended empowers us to conduct LG elections in Rivers State as do other States of the Federation.
“For the avoidance of doubt, we emphasize unequivocally that the 5th October 2024 Local Government Council Elections in Rivers State will be held as scheduled, and there is no going back,” a statement by the RSIEC said on Friday.
The Nigeria Police States Its Stand
In a recent statement issued by Police Public Relations Officer, Grace Iringe-Koko, the police said it is committed to upholding the rule of law. “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,”
The statement reads: “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. 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”
Further to the above, the Force Headquarters issued another statement: “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.
However, on the evening of 3rd October 2024, the commissioner of police in Rivers State received reports that policemen from Rivers State Government House had 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 them 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.
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 of 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 that he falsely levied against the Inspector-General of Police and the entire Nigeria Police Force and advises caution and decency in the pursuit of individual political goals, signed by ACP Olumuyiwa Odejobi, Force PRO.
PDP Without Candidates Wants Election Held
The Peoples Democratic Party (PDP) charges the people of Rivers State to firmly assert their sovereignty and Constitutional right by coming out en masse to vote in the Saturday, October 5, 2024 Local Government Area election across the State.
The PDP insists that 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 elections cannot be abridged or appropriated by any person, group or organization under any guise whatsoever.
The PDP maintains that all the laws governing the election have been complied with “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 terms 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 PDP calls on 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” signed by Hon. Debo Ologunagba, National Publicity Secretary.
Nigeran Bar Association Cautions on Law and Order
The Nigerian Bar Association, NBA has noted with deep concern, the controversies and actions of actors relating to and pertaining to the scheduled Local Government elections in Rivers State.
The NBA has noted with particular interest the statement released by the Rivers State Police Public Relations Officer (PPRO), SP Grace Iringe-Koko, which indicates that the Rivers State Police will not provide security during the Local Government elections scheduled for Saturday, October 5, 2024.
The NBA has also read the disturbing report that some Policemen were alleged to have attempted to cart away electoral materials in the dead of the Night at the Head office of Rivers State Independent Electoral Commission, RSIEC.
We agree with the statement issued by the Chairmen of NBA Branches in Rivers State as we find it deeply troubling that the Police would brazenly state that they would shirk their constitutional responsibility of providing security in Rivers State in purported compliance with an order of court. Even if a court has directed the Police not to work with the Electoral Commission in Rivers State, nothing says the Police should provide security for peace and order in Rivers State.
The responsibility of the police to ensure peace and security in Rivers State is constitutional and cannot be restrained by any court. The Police should at all times provide security for the good people of Nigeria and should be worried if any court order purports to prevent them from discharging this responsibility. The duty to secure the lives and property of the people should never be restrained by the court. The Police as well as all Nigerians should be concerned that such a statement was issued by the Police confirming they would abdicate their duty. The Police must ensure they discharge their duties at all times and urgently take steps to set aside any judgment that seeks to prevent them from discharging their constitutional responsibilities.
Any act or position that leaves the people and their activities unprotected is utterly unacceptable, and strongly condemned by the Nigerian Bar Association. The assertion by the Rivers State Police, through the PPRO, that the Police will not provide security for the elections, if accurate, is an unfortunate abdication of responsibility and an egregious violation of constitutional duties. The refusal to provide security is not only unconstitutional but also illegal, immoral, and a dangerous signal that invites lawlessness and undermines democracy. It is, in every sense, a direct attack on the democratic rights of the people of Rivers State and, by extension, Nigeria as a whole. It threatens our democracy.
The Nigerian Bar Association condemns, in the strongest possible terms, any attempt to undermine the scheduled elections in the 22 Local Government Areas of Rivers State by refusing to provide security. We will continue to closely monitor the situation as it unfolds.
Also, Barrister Femi Falana in a Friday letter to the Inspector General of Police (IGP) Kayode Egbetokun said an order has been filed against the judgment of the Federal High Court delivered on September 30, 2024, by the Honourable Justice Peter Lifu.
“We have the instructions of our client to inform you that an appeal has been filed against the judgment of the Federal High Court delivered on September 30, 2024, by the Honourable Justice P.O. Lifu. Following the filing of the appeal, a motion for stay of execution pending the appeal has also been filed by our client,” Falana said.
“Having been served with the copies of the Notice and Motion for Stay of execution, we request you toted to direct the Rivers State Police Command to maintain and law order during the election.”
Protest and Counter Protest
There have been a series of organised protests in the state countdown to Saturday’s elections. The PDP Staged a heavy protest in Port Harcourt City, calling on RSIEC to obey court orders and stop the elections. Thousands of Wike loyalists were in the vanguard of the protest in Port Harcourt. They called on Governor Fubara not to hold local government elections on Saturday.
The next day, supporters of Governor Fubara also trooped to the Streets to protest against the actions of the Police and that the elections must go on and advised all those against the election to stay in Abuja. They subsequently occupied the major entrances to the 22 local government areas keeping vigil and awaiting election materials.
The Governor in addition to the two days of public holidays earlier declared also a curfew: “I hereby order the restriction of movement in Rivers State from midnight of Friday, 4th of October to 5 P.M Saturday, 5th of October for LGA elections”.
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