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Police Panel On Rivers Rerun Illegal – Court

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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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Be Firm In Fight Against Oil Theft, Fubara Tells CNS …As Navy Moves Training Hqtrs To Rivers …Seizes 14 Vessels In Three Months

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Rivers State Governor, Sir Siminalayi Fubara, has encouraged the Nigerian Navy to be firm in the fight against all forms of economic sabotage, particularly crude oil theft, in the nation’s waterways.
The Governor noted with delight the positive results already recorded by the Navy in the State due largely to the tremendous support it has received from his administration.
Governor Fubara spoke when he hosted on courtesy visit, the Chief of Naval Staff, Vice Admiral Emmanuel Ikechukwu Ogalla with his delegation of top officers of Navy High Command at Government House in Port Harcourt,yesterday.
The Rivers State Governor stated that Nigeria was facing myriad of crises, including economic challenges, rising insecurity and criminal activities that threaten the national economy, which should not be overlooked.
He said, “We are working together, we will give you all the support to make sure that you deliver on your mandate.
”And what is the mandate? You were appointed at a time when our country is facing a lot of crises, and your duty, among others, include to reduce, if it cannot be eliminated completely, the criminalities perpetrated on the waterways; oil theft and others.
”And I am happy that they are positive and commendable records of achievement so far, in the course of your tenure.”
Governor Fubara said the good news of reduced level of oil theft in Rivers State is evidence of the many positive things that are happening in the State beyond the much hyped negativity, and assured that such positive achievements will be sustained.
The State Chief Executive insisted: “The success of the Nigerian Navy in our State, in the areas of oil theft, is because the State Government has given you all the necessary support.
”We have collaborated with the command here. We supported them morally, and with all the necessary logistics.
”We have also maintained good relationship with the communities to make sure that whatever it is that is required for these operations to be successful were granted. I am happy to be associated with these very laudable achievements.”
Governor Fubara said: “So, I have to say that I am happy that the Chief of Naval Staff, today, is commending the success of the exercise. He is commending the doggedness of the men in fighting oil theft, not just in the Niger Delta, but particularly in our State.
”I want to assure you that we will continue to give them the support, and discourage any act that would be a sabotage to the economy of our State.”
Governor Fubara said that Rivers State was not named in error: there are several water channels that can boost the operations of the Navy. This is why we are requesting that the Nigerian Navy move all its bases to the State.
”It was not a mistake they called it Rivers State. It is surrounded with all forms of rivers. You want the Atlantic region, you can get it here. You want those small creeks, you can also get it here. Maybe, if you want an Island, you can also find it here.
”So, it is proper if we work with you and you have all that is required within this geographic region, to have all your bases relocated to Rivers State,” he said.
He further said: “We must continue to give you the necessary support to make sure that you succeed. I am happy to also say that, as the Governor of the State by the special grace of God, we are still here, not minding the dramas here and there. We will not let our people down in ensuring that we protect their interest.
”We will support the genuine course of governance; the protection of lives and provision of basic amenities. And these can only be achieved when there is a peaceful environment.
”And the peaceful environment can only come when there is a collaboration with security agencies to prevent crimes, and protect lives and property of residents.”
In his address, the Chief of Naval Staff, Vice Admiral Emmanuel Ikechukwu Ogalla, reiterated that the Nigerian Navy and Rivers State are like conjoined twins who cannot do without each other.
This is because, he said, they needed collaboration on various aspects of their activities ranging from training, operations, logistics, adding that Rivers State is key to their performance.
”My purpose of coming here today are three folds. The first is to inform His Excellency that on Saturday, we are graduating a set of former civilians who have been trained at our Basic Training School, Onne, and are graduating to join the ranks of the Nigerian Navy as ratings in order to beef up our strength.
”The second reason is to first appreciate the Governor and the entire Rivers State Government for the schools they donated to us: the Ambassador Nne Krukrubo Model Secondary School at Eleme in Eleme Local Government Area, and the Model Secondary School, Egbelu in Oyigbo Local Government Area.”
Vice Admiral Ogalla stated further: “We also want to use this opportunity to inform His Excellency that following that donation, and based on our strategic plan of moving our facilities to areas where we have enough space to be able to carryout out duties, we have renovated the school at Eleme.
”We are happy to report, today, that the erstwhile location of Headquarters of Naval Training Command, Lagos, is moving to that particular school location in Eleme, tomorrow.’
Speaking on the operational successes recorded thus far, he said that propelled by the charge given to them by President Bola Tinubu, the Nigerian Navy, under his watch, has impounded 14 vessels caught to be conveying stolen crude oil and several other individuals arrested, adding that investigations into their culpability were ongoing.
”I am here today to report Sir, that, with the “Operation Delta Sanity”, launched in January, 2024, we have been very successful, and within the period, we have recorded tremendous successes and achievements.
”Over 14 large crude carrying vessels have been arrested within that period. Most of them are at various levels of investigation. We have also arrested several barges and other companies and organizations that are involved in oil theft.
”As a result of the operations, we are happy to report that there has been tremendous improvement in terms of security in the maritime environment,” Ogalla added.

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118 Inmates Escape As Rainstorm Destroys Niger Prison

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A heavy downpour has wreaked havoc on the Medium Security Custodial Centre in Suleja, Niger State, resulting in extensive damage to the facility and facilitating the escape of 118 inmates.
This was disclosed in a statement signed by the spokesperson, Federal Capital Territory Command of the Nigerian Correctional Service, Adamu Duza, yesterday.
Duza noted that the downpour which occurred on Wednesday night, caused severe damage to the custodial centre’s infrastructure, including a breach in the perimeter fence, which allowed the inmates to flee.
However, 10 fleeing inmates had been recaptured following a swift response by the NCoS in collaboration with other security agencies.
Duazu promised that efforts were ongoing to recapture the remaining fleeing inmates, adding that their database would soon be made known to the public.
Recognising the vulnerability of ageing facilities, many of which were built during the colonial era, Duza acknowledged that the NCoS was committed to modernising its infrastructure.
The statement further noted that the Controller of Corrections, FCT Command, Francis John, assured the public that the situation was under control and urged them to carry on with their daily activities without fear.
The public was encouraged to remain vigilant and report any suspicious activities or sightings of escaped inmates to the nearest security agency.
The statement read in part, “A heavy downpour that lasted for several hours on the night of Wednesday, April 24, 2024, has wreaked havoc on the Medium Security Custodial Centres, Suleja, Niger state, as well as surrounding buildings, destroying parts of the custodial facility, including its perimeter fence, giving way to the escape of 118 inmates of the facility.
“The service has immediately activated its recapturing mechanisms, and in conjunction with sister security agencies, has so far recaptured 10 fleeing inmates and taken them into custody, while we are in hot pursuit to recapture the rest.
“The service is not unmindful of the fact that many of its facilities were built during the colonial era and that they are old and weak. The Service is making frantic efforts to ensure that all aging facilities give way to modern ones.
“The Controller of Corrections, FCT Command, Francis John, wishes to assure the public that the service is on top of the situation and that they should go about their normal businesses without fear or hindrance.”
Meanwhile, the United States has underscored the significant challenge of overcrowding in Nigerian prisons.
The US, according to its ‘2023 Country Reports on Human Rights Practices: Nigeria,’ published on its website on Tuesday, noted that numerous correctional facilities were grappling with a staggering 50 per cent increase in the number of inmates beyond their intended capacity, revealing a systemic issue.
Furthermore, it disclosed that a notable proportion of these prisons, some with histories dating back 70 to 80 years, faced difficulties in meeting even the most fundamental standards of living.

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Rivers’ll Be Known For Peace, Not Crisis -Fubara

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Rivers State Governor, Sir Siminalayi Fubara, has said that peace has prevailed because he draws strength from God to resist insults and tantrums thrown at him while frustrating attempts by some disgruntled persons who wanted to plunge the State into unending crisis.
The Governor also said that because he has anchored his Government on promoting peace, the enabling atmosphere has been provided for investments and sustainable development to flourish.
Governor Fubara made the assertion when he received a delegation of members of the Bishops and Gospel Ministers’ Association International Incorporated, Rivers State Chapter, at Government House in Port Harcourt, yesterday.
Represented by the Head of Rivers State Civil Service, Dr George Nwaeke, Governor Fubara said while most people took his meekness for weakness, his stance on peace has unarguably enhanced harmonious atmosphere of concord as residents sleep with their two eyes closed, and investors and shareholders are happy with the returns on investment.
He said, “Before, what they hear of Rivers State is that they are fighting, and some genuine investors will not come. Some people even ask you: How are you coping in Rivers State?
“But now”, he asserted: “The Governor has brought about a lot of changes in the State. One of the most important things is that he has changed the negative narrative. It is no longer Rivers of blood. It is now Rivers of peace.
“We are enjoying our lives here. Why? Because there is a change in the narrative. We have peace. The Governor is, as much as possible, absorbing any level of insult at him only for one purpose: that Rivers State may have peace; that we may grow; that this state will experience genuine development.”
Governor Fubara urged them, as members of the Christian family in the State, to continue to pray for the State and the Government so that the enemies of the State will be put to greater shame.
“This peace is what I want you to embrace. Go and continue to pray, because when the sower of the seed went and sowed, the enemy went in the night and sowed tares inside there. But the Governor is sowing peace.
“When I listened to the leader of the team, His Grace Eddy Ogbonda, he said you came all the way from Eleme Junction, and stopped at major junctions, and you uttered prayers for the peace of Rivers State.”
He also said: “I, hereby want to thank you for identifying with the Governor at a time like this. At a time when it looks as if someone wants the Governor’s peace posture misunderstood as weakness.
“When someone has the strength to fight back, but refuses to fight back. That is a bigger strength; that power of restrain does not just come, it can only come from God.
“You cannot give peace, if you do not have peace within you. The Governor is not interested in any form of trouble or violence. What he is interested in is known, and it is: let there be peace in Rivers State,” he said.
In his address, leader of the group, Archbishop Eddy Ogbonda, said they had observed a week-long intensive prayers that culminated into a peace rally, which brought them to Government House, and assured the Governor that God will continue to give him victory over his adversaries while preserving Rivers State.
“It is Rivers State Prophetic Prayer Convocation and Rally 2024 with the theme: ‘Peace be still’. Of a truth, everyone of us understands that we live in a time when we need peace much more than any other thing.
“Rivers State needs peace. Everyone as individuals need peace. The country needs peace, and the world at large needs peace. So, we are here to do a peace march. We pray that God will command His peace to reign in Rivers State,” he said.

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