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Police Panel On Rivers Rerun Illegal – Court

Published

8 years ago

May 10, 2017

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.

Featured

PANDEF Hails Tinubu For Lifting Emergency Rule In Rivers

Published

4 days ago

September 19, 2025

The Tide

The Pan Niger Delta Forum (PANDEF) has hailed the lifting of the State of Emergency in Rivers State, effective midnight, Wednesday, September 17, 2025.

In a statement signed by Board members and National Executive Committee members, yesterday, PANDEF commended President Bola Tinubu for rectifying what they described as an anomaly.

The statement was co-signed by Co-Chairmen, PANDEF Board of Trustees, Alfred Diette-Spiff and Obong Victor Attah, National Chairman Ambassador Godknows Boladei Igali, and National Secretary, Beks Dagogo-Jack.

Tinubu declared a State of Emergency in Rivers State on the 18th of March, 2025, suspending Governor Siminalayi Fubara, the Deputy Governor, and members of the state House of Assembly for six months in the first instance.

In place of the governor, the President appointed Vice Admiral Ibok-Ete Ibas (retd) as Sole Administrator.

However, Tinubu announced the suspension of the Emergency Rule on Wednesday, stating, “It therefore gives me great pleasure to declare that the emergency in Rivers State shall end with effect from midnight today (Wednesday).”

The Forum commended Fubara’s unwavering perseverance and “faith in the divine will of Almighty God,” while also commending the Deputy Governor, Professor Ngozi Odu, the Speaker, and members of the House of Assembly, who were equally affected by the suspension.

“The Board and National Executive Committee of the Pan Niger Delta Forum, the apex socio-political organisation representing the South-South geopolitical zone, joins millions of Nigerians in welcoming the lifting of the state of emergency in Rivers State, effective midnight, Wednesday, September 17, 2025.

“While PANDEF had expressed strong reservations regarding the erstwhile emergency rule, we commend His Excellency, President Bola Ahmed Tinubu, GCFR, for taking this bold step to rectify the anomaly.

“We welcome Governor Siminalayi Fubara back to his elected office and salute his unwavering perseverance and faith in the divine will of Almighty God. We extend similar commendations to the Deputy Governor, Professor Ngozi Oduah, the Speaker, and members of the House of Assembly, who were equally affected by the suspension,” the statement read.

Addressing Rivers people, the forum declared, “Light has returned to the state and a new glorious dawn has come. A moment in which the bitter pains of the past months will inspire all to rededicate themselves to true mutual forbearance, new alignments and forward movement.”

They urged political leaders and citizens to put the past behind them and work towards the collective good of the State, while pledging to support Rivers’ developmental trajectory under Fubara.

“All hearts and hands must therefore be joined together to put the past behind us and work towards the collective good of the state.

“We look forward to the State’s return to normalcy and the resumption of its developmental trajectory under the leadership of Governor Fubara and his team. PANDEF reiterates its commitment to supporting the government and people of Rivers State in their pursuit of progress and development,” the statement added.

Featured

RSG Approves Full Rehabilitation of State Secretariat …Unveils Housing Scheme for Civil Servants, Honours Veterans

Published

2 weeks ago

September 12, 2025

The Tide

Rivers State Administrator, Vice Admiral Ibok-Eteh Ibas (Rtd), has approved the complete rehabilitation and modernization of the Rivers State Secretariat Complex to enhance efficiency and productivity in the civil service.

Ibas made the announcement at the 2025 Civil Service Week Gala and Awards Ceremony held at Banquet Hall, Government House, Port Harcourt, on Wednesday,.

He disclosed that “initiative is designed to transform the secretariat into a modern, efficient and conducive work environment, directly supporting the civil servants who form the backbone of the state’s governance.”

The Administrator also approved the provision of 106 housing units for civil servants in the State.

Ibas paid glowing tribute to retired Heads of Service and Permanent Secretaries, describing them as the bedrock of the state’s administration.

He stated that the awards ceremony was a symbol of deep appreciation for decades of sacrifice, resilience, and commitment.

“These interventions are designed to not only recognize your service, but also to improve your welfare in tangible and lasting ways,” the Administrator stated.

“We must build an administration that is efficient, effective, and truly citizen-centric,” he added.

The Administrator urged serving officers to draw inspiration from their predecessors and strive to make a meaningful impact in the lives of citizens.

He emphasized the importance of embracing innovation, technology, and continuous training to build a civil service equipped for the future.

The Acting Head of Rivers State Civil Service, Dr. (Mrs.) Inyingi Brown, in her welcome address, described the civil service as the “engine room of government” and expressed profound gratitude to the Administrator for his unwavering support and commitment to its modernization.“

“A society that does not honour its heroes is not worthy of emulation,” Dr. Brown remarked, lauding the retirees as torchbearers of discipline and loyalty.

She pledged to build on their legacy through reforms and innovation, projecting that the Rivers State Civil Service would become a model of efficiency and transparency by 2030.

Speaking on behalf of the retirees, President of the Association of Retired Permanent Secretaries, Sir Promise Njowhor,

expressed heartfelt appreciation for the historic recognition.

“For once, since the creation of the State, we are being honoured,” Njowhor said, adding, “Our morale has been lifted.”

He pledged the association’s continuous support for government programmes, describing the body of experienced retirees as a resource available to contribute to state development.

The rehabilitation of the State Secretariat and the new housing scheme represent a major investment in the infrastructure and dignity of public service in Rivers State, signaling a new era of support for the civil servants who drive the government’s policies and programmes.

The Tide reports that the Administrator also conferred awards of meritorious service on retired Heads of Service and Permanent Secretaries in the State

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Rivers LG Poll: APC Wins 20 chairmanship seats, PDP Clears Three

Published

3 weeks ago

September 1, 2025

The Tide

The All Progressives Congress (APC) has won 20 out of the 23 local government areas in the just concluded local government election in the State, while the Peoples Democratic Party (PDP) clinched three local governments.

According to the results released by the Rivers State independent Electoral Commission (RSIEC), yesterday, the APC won the chairmanship seats in Abua/Odual, Andoni, Opobo Nkoro, Ahoada East, Ahoada West, Okrika, Ogu/Bolo and Khana local government areas.

APC also won in Gokana, Tai, Oyigbo, Bonny, Eleme, Etche, Omuna, Akuku Toru, Asari Toru, Degema, Ikwerre and Emohua local government areas.

The Commission, however, said the PDP won in Port Harcourt City, Obio/Akpor, and Ogba Egbema Ndoni local government areas.

Chairman of the Commission, Dr Michael Odey, who announced the results at the Commission headquarters in Port Harcourt, said Ofori Owolabi of the APC scored 28,755 votes to emerge winner of the election for Abua Odual while Solomon Ochomma, also of the APC, emerged chairman elect for Ahoada East after scoring 54,509 votes.

Odey said Eugene Epelle also of the APC scored 84,125 votes to emerge winner in Ahoada West, while Bob Fubara was elected the chairman-elect for Akuku Toru after scoring 63,593 votes.

Similarly APC chairmanship candidate Lucky Otuo Promise emerged chairman-elect for Andoni after scoring a total of 126,181 votes, APC’s George Onengiyeofori emerged winner in Asari Toru after scoring 56,383 votes, while Pepple Blessing Abinye garnered 13,543 votes to emerge winner in Bonny Local Government Area.

Other APC candidates elected include Michael John Williams who scored 16,536 votes to emerge chairman-elect for Degema Local Government; Obarlllormate Ollor (77,452) for Eleme; Dr Chidi Julius Lloyd (114,380) for Emohua; Njoku Boniface (100,649) for Etche; Confidence Deekor (96,478) for Gokana, while Wobodo Charles got 62,746 votes to emerge winner in Ikwerre Local Government Area.

Other APC winners from the APC include Akuro Tobins (32,285 votes) for Okrika; Hon Obasi Uchechukwu (38,530) for Omuma; James A James (38,822) for Opobo Nkoro; Vincent Nemieboka (36,374) for Ogu/Bolo; Hon Mbakpone Okpe (70,080) for Tai LGA, while in Oyigbo, Okechukwu Akara scored 101,495 votes to emerge winner.

Meanwhile, the RSIEC chairman announced Dr Gift Worlu of the PDP with 328,823 votes to emerge winner in Obio Akpor; Shedrack Ogbogu, also of the PDP, scored 51,051 votes for Ogba Egbema Ndoni Local Government Area, while in Port Harcourt City, Sir Alwell Ihunda garnered 235,054 votes for PDP to emerge winner.

The APC also cleared the councillorship seats in Abua/Odual, Andoni, Ahoada East, Ahoada West, Okrika, Ogu/Bolo and Khana, Oyigbo, Bonny, Eleme, Etche,Tai, Khana Opobo/Nkoro and Degema local government areas.

Similarly APC councillorship candidates also emerged winners in Asari Toru, Degema, Akuku Toru, Gokana and Khana while PDP cleared the councillorship seats in Obio/Akpor, Port Harcourt city, and Ogba Egbema/ Ndoni Local Government Areas

Meanwhile, the Forum of State Independent Electoral Commissions has passed a vote of confidence on the just concluded local government election in the State.

National Chairman of the forum, Hon. Mamman Nda Eri, said this in an interview with newsmen in Port Harcourt.

Eri said all the chairmen across the country were in Port Harcourt to monitor the election as well as gain experience in an election under emergency rule.

John Bibor & King Onunwor