Featured
Police Panel On Rivers Rerun Illegal – Court
The Federal High Court in Abuja, yesterday, declared as illegal, the Special Joint Investigative Panel that was constituted by the Inspector General of Police, Mr. Idris Ibrahim, to uncover those behind violence that marred the December 10, 2016, legislative re-run elections in Rivers State.
In a 106-paged judgment that lasted over five hours, Justice Gabriel Kolawole described the police probe panel, which included operatives of the Department of State Service (DSS), as “a strange contraption whose existence will create legal doubt”.
Kolawole held that the 15-man Special Joint Investigative Panel was a body unknown to any law in the country.
He maintained that neither the Police Act, Security Agencies Act nor the 1999 Constitution, as amended, empowered the IGP to set-up and co-opt the DSS which was not answerable to him but to the Presidency, into the Rivers re-run probe panel.
According to the court, the Special Panel, in so far as it was not limited to the Nigerian Police Force over which the IGP has authority, but co-opted another security agency, does not have the backing of any known law in Nigeria.
“It is to this extent that the panel is unknown to the Nigerian Law or Criminal Justice System, even though its findings may be useful to bona-fide security agency as a working document”.
The court, however, acknowledged that under Section 4 of the Police Act, the IGP, has the power to constitute an investigative panel.
Meanwhile, the court declined to quash report of the panel, saying it would leave it to the discretion of the Attorney-General of the Federation and Minister of Justice to in the exercise of his powers under section 174 of the Constitution, decide whether any valid charge could be drafted on the basis of a report that emanated from “a body unknown to law”.
Kolawole said he could have nullified report of the panel which the police had already submitted to the AGF, assuming a copy of it was tendered before the court by the plaintiffs.
He said the court could not also disband the panel since it has already concluded the said investigation and submitted its report.
The judge held that the police panel lacks the power to indict any person or to make definitive pronouncements, saying it could at best make recommendations.
He said the exercise that was conducted by the panel could at best be described as “ministerial in nature in line with the concept of covering the field”, saying it could neither be judicial or quasi-judicial in nature.
Consequently, the court granted relief one in the suit that had the Rivers State Government, Governor Nyesom Wike and Attorney General of Rivers State as 1st to 3rd plaintiffs, respectively.
Earlier in the judgment, the court decried that despite the concept of separation of powers, a state governor, even though regarded as the chief security officer of the state, lacks powers to control the security apparatus in the state.
It noted that Section 251 of the Constitution only gave governors “illusion of powers of command of police in their states”.
The court further observed that contrary to the doctrine of separation of powers, the way the constitution was drafted; police commissioners are not under obligation to comply with order of the governor of their state, but that of the President.
The plaintiffs had through their lawyer, Chief Mike Ozekhome, SAN, approached the court to challenge the legality of the police probe panel which they said was merely out to indict and ridicule governor Wike.
Aside the IGP, other defendants to the suit were the DSS and a Deputy Commissioner of Police, Damian Okoro.
The plaintiffs prayed the court to restrain the defendants or their agents from enforcing or executing matters contained in a letter the IGP wrote to Wike on December 20, 2016, pertaining to the probe.
Wike told the court the IGP had in the said letter entitled, ‘Investigation into allegations of crimes committed during the last rerun elections in Rivers State’, stated that the, “purview of the investigation will cover allegations of bribes taken, several brazen murder incidents (including that of serving police officers), reports of gross human rights abuses, acts of sabotage/terrorism, kidnapping for ransom and ballot box snatching, all of which were perpetrated in connivance with several federal and state civil servants as well as highly placed politicians within and outside the state”.
The letter also requested the governor to furnish the police investigative team with all necessary information and exhibits that may assist the team in the investigation.
Wike’s lawyer, Chief Ozekhome, SAN, insisted that action of the police to constitute a panel to investigate crisis that trailed the rerun election was illegal, unlawful, unconstitutional and null and void.
He said it would be in the interest of justice for the court to set aside the IGP’s letter to Wike and direct the police boss to await the outcome of the commission of inquiry already set up by the Rivers State Government.
However, all the defendants urged the court to dismiss the suit as frivolous and highly bereft of any merit.
Both police and the DSS argued that the prayers Wike sought before the court were capable of creating a very “dangerous precedent” if granted.
According to Mr. Femi Falana, SAN, who represented police, “The prayer being sought by the plaintiffs will create a dangerous precedent if granted because it will mean that a terrorism suspect can go to court and say I cannot be investigated.
“We have shown in our addresses that no citizen can go to court and pray the court to stop the police from investigating criminal offences.”
On his part, DSS lawyer, Mr. Tijani Gazali, while aligning with Falana’s submissions, said there was evidence that IGP’s decision to set up the special investigative team was informed by complaints and petitions received on the crimes committed during the rerun.
The defendants further insisted that no court has the power to stop the police from carrying out its constitutional duty of investigating crimes.
They reminded the court that Section 4 of the Police Act and Section 215 of the Constitution had vested the police with the power to investigate all manners of crime.
Kolawole earlier rejected Wike’s application for an interim order of injunction barring the panel from proceeding further with the probe pending hearing and determination of the substantive suit.
Wike had through a supporting affidavit he attached to the suit, told the court that it was security operatives, mainly the police and the Army that orchestrated violence following their partisan stance during the poll.
He said some untoward behaviour of security operatives deployed for the exercise were caught on tape and presented to Nigerians and the whole world by various reputable television stations.
In the affidavit deposed to by one Harrison Obi, a lawyer in Ozehkome’s chamber, Wike told the court that after the election, he constituted a commission of inquiry to look into immediate and remote causes of the violence with a view to avoiding similar occurrence in subsequent elections and punishing the perpetrators of the act.
He said the commission of inquiry was set up under the Commission of Inquiry Law, Cap 30, Laws of Rivers State.
Wike maintained that he is legally empowered to embark on the inquiry as the chief security officer of the state, adding that terms of reference of the panel of investigation set up by the police clearly suggested that the goal of the intended probe is already pre-determined.
He told the court that police has already reached numerous conclusions against him, indicating that its investigation would be biased.
Ozekhome said the intention of the police was to produce a pre-determined damning report to convict Wike through the medium of the Commission of Inquiry.
He said with conclusions already drawn and reached by the police without hearing from his client, the investigation would only amount to a “smokescreen and rubber stamp to give credence to the governor’s guilt”.
Consequently, he prayed the court to set aside the content of the letter by the IGP and order police to await the outcome of the committee of inquiry already set up by Wike.
However, the IGP in his preliminary objection before the court accused Wike of attempting to use the suit to cover his tracks.
It will be recalled that the police panel earlier revealed that it recovered over N100millon bribe money from some officials of the Independent National Electoral Commission (INEC), that conducted the Rivers poll.
Letters
Ban On Christians Fellowship In Universities
If the story making the rounds on two Nigerian universities being sued for allegation of their ban on Christian fellowship in the campus is anything to go by, then Nigeria is in for another trouble.
According to the story, the Christian Association of Nigeria (CAN), Katsina State branch, in conjunction with an American conservative Christian legal advocacy group, Alliance Defending Freedom (ADF International), has instituted an action against two universities in Katsina State for indefinitely banning Christian groups from holding fellowship meetings and worship on campuses.
The suit was said to have been filed against the two universities for violating the right to religious freedom by “indefinitely prohibiting” Christian groups from holding fellowship meetings and worship on campus.
The Christian legal advocacy group further alleged that one of the universities enforced the ban by locking all worship and fellowship centre on university grounds, preventing Christian students and groups from accessing the facilities and banning them from meeting for worship and fellowship elsewhere on campus while their Muslim counterparts at both universities have been permitted to hold worship and fellowship meetings in university-constructed worship and meeting spaces.
Recall that in 2017, there was a news report on the outlaw of any other religious or tribal association on campus besides the Muslim Students Society of Nigeria by the authorities of the Umar Musa Yar’Adua University, Katsina, Katsina State. A circular credited to the institution’s acting Dean of Student Affairs, Dr. Sulaiman Kankara, which was later disowned by the university, contained the directive.
The last time I checked, Nigeria is a democratic, circular state where every individual is free to practise any religion of her choice. Section 38 of the Nigerian constitution provides: “Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance.”
It is therefore wrong for a public university to indulge in this discriminatory act. A university is supposed to be an intellectual environment where people should be allowed some level of freedom. There must be robust fellowship and inter-faith relationship. People must be able to relate with each other without any discrimination or stigmatisation.
Knowing how delicate issues on religion are in Nigeria, one hopes that the authorities of the institutions concerned should swiftly look into the report and retrace their steps. The court should be objective in deciding the case and give students of other religions some leverage of freedom. It must be stated that the judgment on this case should not be delayed to avoid any retaliation in other parts of the country.
We already have a lot of issues to deal with in the country. Adding a religious crisis to it could be disastrous. Any university established and funded by either the federal, state or local government, should have freedom of religion. Let there be no more trouble in the country, please.
Waheed Abiodun,
Victoria Street,
Port Harcourt Township.
The NIMC, NCC Partnership
Reports have it that the National Identity Management Commission (NIMC) and Nigerian Communications Commission (NCC) disclosed that they have partnered to enhance seamless linkage of National Identification Number-SIM across the federation.
Both Commissions said that in recognising the significance of this initiative in enhancing security and improving service delivery, they were committed to improving processes and enhancing efficiency.
This is a welcome development. It has been worrisome why Nigerians should be made to go through the rigorous process of linking their National Identification Number (NIN) with their phone numbers every now and then. Some people who engage in online transactions have recorded some losses over the past few weeks as some internet providers barred their lines due to their inability to successfully do the linkage.
Two weeks ago, I went to a High Court for an official engagement and was shocked to see the number of people seeking to get court affidavits for the linkage of the NIN with the phone numbers so that their line will be unbarred.
It is therefore hoped that the NIMC, NCC partnership will remove all the bottlenecks surrounding the Nin, SIM linkage and make the process very seamless. It is also hoped that this will be the beginning of the process of proper identity management in the country and gradual collapse of all the various forms of identification – Drivers Licence, Voters Card, NIMC card. Bank cards etc into one identity card so that one would not have to be moving around with loads of identity cards.
Ebele Ubani,
Jabi, Abuja.
The Unwanted Strike
Just when the students of Nigeria public universities are rejoicing that there had been a no interruption in the universities’ academic calendar for sometiime, the news about the warning strike by the Non-Academic Staff Union of Educational and Associated Institutions (NASU) and the Senior Staff Association of Nigerian Universities, (SSANU), broke.
The Joint Action Committee of the two organisations had directed members to commence a seven day warning strike last week, following the federal government’s inability to pay their four months’ withheld salary.
I do not even understand why the government should allow labour unions to down tools before acting on their demands. Did President Bola Tinubu not direct that university workers that were on prolonged strike in 2022 and their salaries stopped by the Muhammadu Buhari’s administration after the invocation of “No Work, No Pay” policy, should be paid four months of the withheld salaries?
Have members of the Academic Staff Union of Universities (ASUU) not been paid in line with the president’s directive? Why were SSANU, NASU and unions concerned not paid? These bodies issued an ultimatum to the federal government. Why was there no effort to address their grievances within the window period?
It is said that what is good for the goose is also good for the gander. So, the government, having paid ASUU, should also endeavour to settle SSANU and NASU so that there shall be no interruption in our academic calendar. We did no wrong by choosing public universities. Government, ASUU, SSANU, NASU and what have you should let us learn in peace and graduate at the record time like our colleagues in private universities, please.
IB Michael,
University of Port Harcourt,
Port Harcourt.
Letters
Obi Should Do More, Discordant Tunes On Minimum Wage, Akpabio’s Unguarded Comment
Obi Should Do More
The Presidential Candidate of the Labour Party (LP) in the 2023 election, Mr Peter Obi, has continued to voice out his opinion on the happenings in the country. On the budget padding scandal currently rocking the upper chamber of the National Assembly, he has told the Senate to provide Nigerians with some explanations on the matter.
He said the claims and counter-claims over the alleged N3 Trillion which was alleged by Senator Abdul Ningi to have been padded into the 2024 budget, requires proper explanation as to what Nigerians must need to know regarding management of the nation’s, insisting that the suspension of Senator Ningi for three months does not address the issue.
The Labour party chieftain had also expressed his concern over the hunger in the country a few days ago. He raised the alarm that Nigerians were spending all their money on food.
It is commendable of Obi to have stood with the masses at this critical time in the nation’s history and be critical of negative happenings in the country and bad government policies. However, Obi should do more than just criticising. It is said that “a tree cannot make a forest”. Therefore, Obi should galvanise all the law makers both on the national and state levels to tow the same line with him, which should be seen as the position of the Labour Party.
In 2023, there was a revolution in the country. People of all walks of life, of various religions and tribes trouped out in support of the labour party because they believed in Mr Peter Obi. People saw the Labour Party as a needed alternative to the two most populous political parties, PDP and APC. Based on Obi’s personality and popularity, some people who ordinarily would not have won councillorship positions in their communities were elected into state and national assemblies. Many of them won the elections for free, spending no shi shi.
Painfully, after assuming the exalted positions, many of them, especially those in the national assembly seem to have forgotten the masses. It is now business as usual. Among the seven senators and 36 House of Representative members of the Labour Party in the National Assembly, which one of them has moved a strong motion about the hardship currently being faced by the masses and how to address it? How many of them stood by Senator Ningi on the budget padding revelation? What out the exotic cars distributed to them, how many of them advised that they should go for less expensive cars and the excess money channelled into developmental projects? It has become a case of one not talking while on the dining table, right?
Obi should be able to organise his party to form a formidable opposition and a party that does things differently, a party that stands with the people. If the labour party elected political office holders carry on the way they have done since they came into office, they will keep de-marketing their party, forgetting that 2027 is just around the corner.
Ngozi Omeje,
Umuahia, Abia State.
Discordant Tunes On Minimum Wage
I have followed the discussion on the proposed new minimum wage with keen interest and I just hope the leadership of the organised labour will be firm enough to represent the workers and refuse to fall prey to the ploy to disunite them.
It is disheartening seeing workers come up with different amounts as the proposed minimum wage. While the Nigeria Labour Congress, NLC, demanded that South-West states should pay N794,000 the Trade Union Congress, TUC, asked for N447,000. Similarly, workers in the Federal Capital Territory demanded N709,000, while their counterparts in the North-West clamoured for N485,000.
This idea of singing in discordant tunes is not good for strong unionism. I recall my days as a civil servant in Ibadan, Oyo state. That was during the time of Adams Oshiomhole as the National President of the NLC. The labour union was a force to be reckoned with and whenever the workers barked, the government caught cold. The increase in workers’ wages was fought for as body. There was nothing like federal workers going to the left and the state workers going to the right. Of course then, in 2000, the TUC did not exist as a separate body. The entire workers spoke in unison.
Yes, the states did reserve the right to say whether they can pay the national minimum wage or not but the national body of the NLC was carried along in the negotiation. Please, the NLC and TUC should come together and present a common front in the new minimum wage quest and ensure that workers in the states also get a fair deal. If not, some of the greedy governors will continue to subject the workers to hardship.
Pa Micheal Adeniran,
Rumuogba Housing Estate, Port Harcourt.
Akpabio’s Unguarded Comment
“Today, he’s responding to a remark by the Governor that has nothing to do with him. The opposition is urging the Senate president to be mindful of his utterances. How can he turn the burial of late Access Bank CEO, Herbert Wigwe, wife and first son, such a sad moment, to a political attack?. It’s disappointing. That’s political recklessness taken too far. We, the opposition parties, won’t tolerate such utterances anymore if it continues.”
Above was the response of a member of the House of Representatives and Chairman, House Committee on Petroleum (Downstream), Hon. Ikenga Ugochinyere, to the Senate President, Senator Godswill Akpabio, unguarded remark on Gov. Siminalayi Fubara’s comment during the burial of the late Access Holdings Plc GCEO, Herbert Wigwe, wife and first son last weekend.
It is hoped that Akpabio will heed to the advice and learn how to talk in public. Tracing his character as a public servant and political office holder in various capacities over the years, one would notice that the senate president lacks the act of public speaking and carriage.
Was it not recently that he announced that the clerk of the house had sent money to each of the senators’ personal account for their holiday enjoyment only to be called to other and he changed it to ”In order to allow you to enjoy your holiday, the senate president has sent prayers to your mailboxes to assist you to go on a safe journey and return.” What about the “honourable minister off your mic” shameful display.
Whoever wants to die seeking public/political office should go ahead but leave our dear governor alone.
Loveth Opusunju
Minima, Opobo, Rivers State.
Featured
Fubara Promises Rivers Support For Wigwe Varsity …Cautions Political Class On Power Tussle
Rivers State Governor, Siminalayi Fubara, has promised the state government’s commitment to supporting Wigwe University.
Fubara disclosed this on Saturday after the funeral service of the late Chief Executive Officer of Access Holdings Plc, Herbert Wigwe, in Isiokpo, Ikwerre Local Government Area of Rivers State.
Wigwe, alongside his wife, Doreen, and son, Chizzy, died in a helicopter crash in California near the Nevada border, United States of America.
Also involved in the crash was the Chairman of Nigerian Exchange Group Plc, Abimbola Ogunbanjo.
The governor said, “I want to say our brother has finished his work, though short. We, as a government, will do everything with the Wigwe Foundation to immortalise one thing.
“It is not the bank, the bank might have a new identity, a new boss to run it, other ventures will also have their names; but one thing that has his name is Wigwe University.
“We will do everything within our power to make sure the dream will continue to live just as he has planned it.”
Fubara questioned the mourners as to why they kept chasing worldly desires, stressing the significance of impacting lives rather than struggling for power.
“This one has to do with the political class, what is all these struggle all about? You want to kill, you want to bury, what is it all about?
“This is a man who was not a politician, he made his money through our investments, he had the world in his palm financially, he controlled even the political classes; but today, with all the power financially couldn’t control life. Is it not enough to ask ourselves why are we struggling? Why are we not making an impact on the lives of our people?” he queried.
Dignitaries present at the funeral service include the Senate President, Godswill Akpabio; Chairman, Dangote Group, Alhaji Aliko Dangote; former governor of the Central Bank of Nigeria , Sanusi Lamido; Governors Alex Otti (Abia) Dapo Abiodun (Ogun), and Babajide Sawwo-Olu (Lagos).
Other dignitaries are former governors Kayode Fayemi (Ekiti), Peter Obi (Anambra), Rotimi Amaechi (Rivers), Bukola Saraki (Kwarra), and James Ibori (Delta), among others.
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