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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

INEC To Unveil New Party Registration Portal As Applications Hit 129

Published

2 days ago

July 11, 2025

The Tide

The Independent National Electoral Commission (INEC) has announced that it has now received a total of 129 applications from associations seeking registration as political parties.

The update was provided during the commission’s regular weekly meeting held in Abuja, yesterday.

According to a statement signed by the National Commissioner and Chairman of the Information and Voter Education Committee, Sam Olumekun, seven new applications were submitted within the past week, adding to the previous number.

“At its regular weekly meeting held today, Thursday 10th July 2025, the commission received a further update on additional requests from associations seeking registration as political parties.

“Since last week, seven more applications have been received, bringing the total number so far to 129. All the requests are being processed,” the commission stated.

The commission revealed the introduction of a new digital platform for political party registration. The platform is part of the Party Financial Reporting and Auditing System and aims to streamline the registration process.

Olumekun disclosed that final testing of the portal would be completed within the next week.

“INEC also plans to release comprehensive guidelines to help associations file their applications using the new system.

“Unlike the manual method used in previous registration, the Commission is introducing a political party registration portal, which is a module in our Party Financial Reporting and Auditing System.

“This will make the process faster and seamless. In the next week, the commission will conclude the final testing of the portal before deployment.

“Thereafter, the next step for associations that meet the requirements to proceed to the application stage will be announced. The commission will also issue guidelines to facilitate the filing of applications using the PFRAS,” the statement added.

In the meantime, the list of new associations that have submitted applications has been made available to the public on INEC’s website and other official platforms.

Featured

Tinubu Signs Four Tax Reform Bills Into Law …Says Nigeria Open For Business

Published

2 weeks ago

June 27, 2025

The Tide

President Bola Tinubu yesterday signed into law four tax reform bills aimed at transforming Nigeria’s fiscal and revenue framework.

The four bills include: the Nigeria Tax Bill, the Nigeria Tax Administration Bill, the Nigeria Revenue Service (Establishment) Bill, and the Joint Revenue Board (Establishment) Bill.

They were passed by the National Assembly after months of consultations with various interest groups and stakeholders.

The ceremony took place at the Presidential Villa, yesterday.

The ceremony was witnessed by the leadership of the National Assembly and some legislators, governors, ministers, and aides of the President.

The presidency had earlier stated that the laws would transform tax administration in the country, increase revenue generation, improve the business environment, and give a boost to domestic and foreign investments.

“When the new tax laws become operational, they are expected to significantly transform tax administration in the country, leading to increased revenue generation, improved business environment, and a boost in domestic and foreign investments,” Special Adviser to the President on Media, Bayo Onanuga said on Wednesday.

Before the signing of the four bills, President Tinubu had earlier yesterday, said the tax reform bills will reset Nigeria’s economic trajectory and simplify its complex fiscal landscape.

Announcing the development via his official X handle, yesterday, the President declared, “In a few hours, I will sign four landmark tax reform bills into law, ushering in a bold new era of economic governance in our country.”

Tinubu made a call to investors and citizens alike, saying, “Let the world know that Nigeria is open for business, and this time, everyone has a fair shot.”

He described the bills as not just technical adjustments but a direct intervention to ease burdens on struggling Nigerians.

“These reforms go beyond streamlining tax codes. They deliver the first major, pro-people tax cuts in a generation, targeted relief for low-income earners, small businesses, and families working hard to make ends meet,” Tinubu wrote.

According to the President, “They will unify our fragmented tax system, eliminate wasteful duplications, cut red tape, restore investor confidence, and entrench transparency and coordination at every level.”

He added that the long-standing burden of Nigeria’s tax structure had unfairly weighed down the vulnerable while enabling inefficiency.

The tax reforms, first introduced in October 2024, were part of Tinubu’s post-subsidy-removal recovery plan, aimed at expanding revenue without stifling productivity.

However, the bills faced turbulence at the National Assembly and amongst some state governors who rejected its passing in 2024.

At the NASS, the bills sparked heated debate, particularly around the revenue-sharing structure, which governors from the North opposed.

They warned that a shift toward derivation-based allocations, especially with VAT, could tilt fiscal balance in favour of southern states with stronger consumption bases.

After prolonged dialogue, the VAT rate remained at 7.5 per cent, and a new exemption was introduced to shield minimum wage earners from personal income tax.

By May 2025, the National Assembly passed the harmonised versions with broad support, driven in part by pressure from economic stakeholders and international observers who welcomed the clarity and efficiency the reforms promised.

In his tweet, Tinubu stressed that this is just the beginning of Nigeria’s tax evolution.

“We are laying the foundation for a tax regime that is fair, transparent, and fit for a modern, ambitious Nigeria.

“A tax regime that rewards enterprise, protects the vulnerable, and mobilises revenue without punishing productivity,” he stated.

He further acknowledged the contributions of the Presidential Fiscal Policy and Tax Reform Committee, the National Assembly, and Nigeria’s subnational governments.

The President added, “We are not just signing tax bills but rewriting the social contract.

“We are not there yet, but we are firmly on the road.”

Featured

Senate Issues 10-Day Ultimatum As NNPCL Dodges ?210trn Audit Hearing

Published

2 weeks ago

June 27, 2025

The Tide

The Senate has issued a 10-day ultimatum to the Nigerian National Petroleum Company Limited (NNPCL) over its failure to appear before the Senate Committee on Public Accounts probing alleged financial discrepancies amounting to over ?210 trillion in its audited reports from 2017 to 2023.

Despite being summoned, no officials or external auditors from NNPCL showed up yesterday.

However, representatives from the representatives of the Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offences Commission and Department of State Services were present.

Angered by the NNPCL’s absence, the committee, yesterday, issued a 10-day ultimatum, demanding the company’s top executives to appear before the panel by July 10 or face constitutional sanctions.

A letter from NNPCL’s Chief Financial Officer, Dapo Segun, dated June 25, was read at the session.

It cited an ongoing management retreat and requested a two-month extension to prepare necessary documents and responses.

The letter partly read, “Having carefully reviewed your request, we hereby request your kind consideration to reschedule the engagement for a period of two months from now to enable us to collate the requested information and documentation.

“Furthermore, members of the Board and the senior management team of NNPC Limited are currently out of the office for a retreat, which makes it difficult to attend the rescheduled session on Thursday, 26th June, 2025.

“While appreciating the opportunity provided and the importance of this engagement, we reassure you of our commitment to the success of this exercise. Please accept the assurances of our highest regards.”

But lawmakers rejected the request.

The Committee Chairman, Senator Aliyu Wadada, said NNPCL was not expected to submit documents, but rather provide verbal responses to 11 key questions previously sent.

“For an institution like NNPCL to ask for two months to respond to questions from its own audited records is unacceptable,” Wadada stated.

“If they fail to show up by July 10, we will invoke our constitutional powers. The Nigerian people deserve answers,” he warned.

Other lawmakers echoed similar frustrations.

Senator Abdul Ningi (Bauchi Central) insisted that NNPCL’s Group CEO, Bayo Ojulari, must personally lead the delegation at the next hearing.

The Tide reports that Ojulari took over from Mele Kyari on April 2, 2025.

Senator Onyekachi Nwebonyi (Ebonyi North) said the two-month request suggested the company had no answers, but the committee would still grant a fair hearing by reconvening on July 10.

Senator Victor Umeh (Anambra Central) warned the NNPCL against undermining the Senate, saying, “If they fail to appear again, Nigerians will know the Senate is not a toothless bulldog.”

Last week, the Senate panel grilled Segun and other top executives over what they described as “mind-boggling” irregularities in NNPCL’s financial statements.

The Senate flagged ?103 trillion in accrued expenses, including ?600 billion in retention fees, legal, and auditing costs—without supporting documentation.

Also questioned was another ?103 trillion listed under receivables. Just before the hearing, NNPCL submitted a revised report contradicting the previously published figures, raising more concerns.

The committee has demanded detailed answers to 11 specific queries and warned that failure to comply could trigger legislative consequences.