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Police Panel On Rivers Rerun Illegal – Court

Published

9 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.

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No Child Should Be Denied Access to Education – Fubara

Published

2 weeks ago

October 16, 2026

The Tide

The Rivers State Government has called on stakeholders, community leaders, parents and relevant education authorities to intensify efforts to identify and enrol out-of-school children across Nigeria, stressing that every child deserves access to quality and inclusive education.

Governor Siminalayi Fubara made the call, yesterday, during the regional campaign on engaging community structures to promote the enrolment of out-of-school children and the regional flag-off of the 2026/2027 enrolment drive for southern states, held in Port Harcourt.

Represented by the Secretary to the State Government, Dr Dagogo Wokoma, Governor Fubara reaffirmed that education remains a fundamental pillar of sustainable development and emphasised the need to ensure that no child is left behind because of economic hardship, social background or other barriers to schooling.

He noted that expanding access to education was essential to promoting sustainable development, social inclusion and equal opportunities, enabling children to reach their full potential and contribute meaningfully to society.

The governor urged participating states and communities to translate their commitments into concrete and measurable actions by reaching vulnerable children, strengthening community engagement and encouraging parents and guardians to make their children’s education a priority.

He reiterated the state government’s commitment to initiatives aimed at expanding access to education, particularly for children excluded from formal schooling.

“Rivers State remains committed to supporting initiatives that expand access to inclusive and quality education, particularly for vulnerable children who may have missed the opportunity to attend formal schools,” Fubara stressed.

Also speaking, the Executive Secretary of the Universal Basic Education Commission (UBEC), Aisha Garba, described the growing number of out-of-school children as one of the major challenges confronting the education sector.

She called for a collective and collaborative approach among governments, communities, parents and other stakeholders to address the problem, stressing the need to ensure that no Nigerian child is denied the fundamental right to education.

The programme was organised by the Universal Basic Education Commission in collaboration with the Rivers State Government, as part of efforts to strengthen community participation and promote school enrolment across the southern states for the 2026/2027 academic session.

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FAAC: FG, States, LGs Share N2.428trn For September

Published

2 weeks ago

October 16, 2026

The Tide

The Federation Account Allocation Committee (FAAC) has shared the sum of N2.428 trillion among the Federal Government, 36 states government and the 774 Local Government Councils (LGCs) as revenue for the month of September.

The Director, Press and Public Relations, Office of the Accountant-General of the Federation (OAGF), Mr Bawa Mokwa, said this in a statement in Abuja, yesterday.

Mokwa said the allocation was approved by FAAC at its October meeting held in Abuja.

He said the N2.428 trillion distributable revenue comprised of statutory revenue of N1.672 trillion, distributable Value Added Tax (VAT) revenue of N756.587 billion.

Mokwa quoted the FAAC communiqué as saying that total gross revenue of N3.913 trillion was available in the month of September 2026.

He said a total deduction for cost of collection was N131.758 billion while total transfers, refunds and savings of N1.352 trillion.

According to him, a gross statutory revenue of N3.096 trillion was received for the month of September 2026.

“This was higher than the sum of N2.850 trillion received in the preceeding month by N246.384 billion.

“Gross revenue of N816.872 billion was available from the Value Added Tax (VAT) in September 2026.

“This was lower than the N834.843 billion available in the month of August 2026 by N17.972 billion,” he said.

Mokwa explained that the Federal Government received N832.242 billion and the state governments received the sum of N799.872 billion.

He said the LGCs received N560.660 billion, while the sum of N236.049 billion (13% of mineral revenue) was shared to the benefiting state as derivation revenue.

Mokwa said in the N1.672 billion distributable statutory revenue, the Federal Government received N756.583 billion and the State Governments received N383.749 billion.

He said the LGCs received N295.855 billion and the sum of N236.049 billion (13% of mineral revenue) was shared to the benefiting States as derivation revenue.

The director said from the N756.587 billion distributable Value Added Tax (VAT) revenue, the Federal Government received N75.659 billion, the State Governments received N416.123 billion and the LGCs received N264.805 billion.

“In September 2026, Petroleum Profit Tax (PPT), Hydrocarbon Tax (HT), Petroleum Royalties, Import Duty, CET Levies and Excise Duty increased significantly.

“Also, Companies Income Tax (CIT), CGT & SDT, Value Added Tax (VTA), Mineral Royalties, and Gas Flared Penalty, Rental Gas Flared Fee and Misc. Oil Revenue decreased considerably,” he said.

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NLC Gives FG Two-Week Ultimatum To Reduce Petrol Price …Begins Minimum Wage Talks

Published

3 weeks ago

October 9, 2026

The Tide

The Nigeria Labour Congress (NLC) has given the Federal Government a two-week ultimatum to reduce the price of petrol, commence renegotiation of the national minimum wage and implement outstanding agreements with workers.

The ultimatum followed a joint meeting of the National Executive Council and Central Working Committee of the NLC held at the Olaitan Oyerinde Hall, Labour House, Abuja.

In a communiqué signed by the NLC President, Joe Ajaero, and made available to newsmen, yesterday, the union said the two-week ultimatum would commence on Friday, October 9, 2026.

It warned that failure by the government to meet its demands would compel the Congress to take further action.

The NLC specifically demanded that the government reduce the price of Premium Motor Spirit to the level it was when the current national minimum wage was signed into law in 2024.

It also demanded the immediate commencement of negotiations for a new minimum wage, implementation of the February 5, 2026, Terms of Settlement reached with the Joint Health Sector Unions and Assembly of Healthcare Professionals, and action on the demands of the Joint Public Sector Negotiating Council.

The Congress further demanded tax relief and immediate wage awards for workers, arguing that the measures were necessary to cushion the impact of rising living costs.

The NLC said, “The current national minimum wage has been rendered worthless by the relentless depreciation of the naira and the astronomical rise in the cost of living.”

It added that workers could no longer meet basic needs, including food, shelter, healthcare, transportation and education, on their current earnings.

The labour body, therefore, demanded that the Federal Government commence renegotiation of the national minimum wage before the end of October.

“NEC-in-session demands that the Federal Government commence the renegotiation of the national minimum wage before the end of this month,” the communiqué stated.

The Congress also linked the erosion of workers’ purchasing power to the high cost of petrol, saying the price of the commodity had continued to drive up transportation costs and the prices of other essential goods.

“The exorbitant pump price of petrol has had a cascading effect on the cost of transportation, food, and other essential goods, further deepening the hardship of workers and the masses,” it said.

The NLC further demanded that the government grant tax relief to workers and immediately introduce wage awards, describing the measures as “the bare minimum required to alleviate the suffering of Nigerian workers and restore a measure of dignity to their lives.”

The latest ultimatum escalates the labour movement’s pressure on the Federal Government after public-sector workers under the Joint National Public Service Negotiating Council embarked on a three-day warning strike earlier in October over rising living costs, petrol prices, wage awards and minimum wage negotiations.

The workers had demanded, among other measures, a reduction in petrol prices and the commencement of negotiations for a new minimum wage.

The NLC had also raised concerns in September over the declining purchasing power of workers, with Ajaero arguing that the N70,000 minimum wage had been overtaken by increases in the cost of food, transportation, housing, education and other essential expenses.

The current minimum wage was approved by President Bola Tinubu in July 2024 after negotiations involving the government, organised labour and the private sector.

Tinubu increased the Federal Government’s offer from N62,000 to N70,000 and agreed that the wage should be reviewed after three years rather than five years.

The NLC’s latest demand comes as the Federal Government announced fresh measures aimed at containing petrol-price pressures.

Yesterday, the Minister of Finance and Coordinating Minister of the Economy, Taiwo Oyedele, said the government was negotiating a ceiling of N1,350 per litre on the ex-gantry or landing cost of petrol, with monthly reviews, as part of measures to reduce price volatility.

The proposed ceiling does not mean petrol would necessarily sell at N1,350 per litre at filling stations.

The government also announced a 30-day discount on petrol dispensed by the Nigerian National Petroleum Company Limited (NNPCL), with priority given to public transporters.

Oyedele said the arrangement was not a return to subsidy but an effort to sell the product at cost.

However, the NLC is seeking a more substantial reduction, insisting that petrol should return to the price level that prevailed when the N70,000 minimum wage was enacted in 2024.

The Congress also called for the implementation of the agreement reached with JOHESU in February, as well as the demands presented by the Joint Public Sector Negotiating Council.

It warned that failure to respond within the two-week period would have consequences.

“Failure of which the NLC will be compelled to take remedial steps as would be directed by the relevant organs,” the communiqué said.

The union consequently directed its affiliates and allies to remain prepared for further action.

“NEC-in-session reaffirms the historical responsibility of the NLC to resist all forms of exploitation and oppression,” it stated, urging its affiliates to remain “on high alert and fully prepared to engage in decisive efforts against all anti-people policies.”

The development also comes amid fresh labour tensions in Abuja, where the FCT Council of the NLC commenced an indefinite strike on Wednesday over disputes with the FCT Administration concerning teachers’ promotion policies.

The council directed workers across public and private establishments to withdraw their services after the expiration of a seven-day ultimatum.

The latest NLC ultimatum puts renewed pressure on the Federal Government to address wage and fuel-price concerns as both sides grapple with disagreements over the implementation of previous labour agreements and measures to cushion the impact of economic reforms.

The NLC said its demands were aimed at protecting workers and the wider population from further deterioration in their standard of living, insisting that Nigerian workers must remain “resolute, organised, and uncompromising” in the struggle for improved living conditions.