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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.
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We’ll Comply With Supreme Court Judgement, Fubara Assures …As CJ Inaugurates Judges’ Quarters

Rivers State Governor, Sir Siminalayi Fubara, has assured that his administration will implement, to its fullest, the recent judgment of the Supreme Court of Nigeria on the political crisis in the State.
The Governor maintained that what is important, in all of the happenings that had been witnessed, has been the protection of the interest of Rivers State because it must be above whatever personal interest that anybody could hold and canvass.
Governor Fubara gave the assurance during the inauguration of the new Judges’ Quarters, a housing facility completed by his administration for Judges indigenous to Rivers State by birth or marriage, at Old GRA, in Port Harcourt City Local Government Area, yesterday.
The Governor explained: “It has not been an easy 16 months, but what is important is the interest of our State, which must be above our personal interest. I want to say it here, very loud and clear to everyone, the Supreme Court has given a judgment, my administration is going to implement the judgment to its fullest. The reason is clear: It is not about me, it is about the good of this State.”
Governor Fubara alluded to the quantum of loss, in terms of money expended, in prosecuting the political crisis, on both sides, which has gone to waste, regrettably.
Such financial resources and other efforts, he said, would be more profitable, if they were synergised, and channeled to courses that promoted the genuine well-being and good of the State, adding that something more assuring would have been showcased.
Governor Fubara stated: “Thank God where we are today, I can assure you publicly that, any day, any time, I have not gone back on that my statement: that nothing (no price) is too big to pay for peace in this State, because at the end of the day, it is about our people. It is not about me, I will leave office but the good work that I have done will speak for me and will defend my generation.”
Commenting on the project, Governor Fubara emphasised that it further shows that his administration takes the issue of welfare, particularly of judicial officers, seriously, explaining that his administration inherited the project and with reports from the Ministry of Justice and some concerns from the Judiciary, it became imperative to continue with it.
He said, “We give glory to God that today, we have completed this project, and we are willing and ready to hand it over to the lucky judges who are going to live here so that they can perform their duties effectively.”
Governor Fubara pointed to the need for proper maintenance of the housing facility and the entire premises so that it can offer required satisfaction, maximally, and assured the Executive’s readiness to provide support in that regard.
Performing the inauguration, Chief Judge of Rivers State, Justice Simeon Amadi, recalled how he laid the foundation stone of the project, which was initiated by the immediate past administration on May 22, 2023, and thanked Governor Fubara for continuing and completing the project, which now represents another milestone and great accomplishment for the Rivers State Judiciary.
He added, “We are pleased with this landmark achievement, which represents the continuation of the policy of providing befitting residential accommodation for judges of Rivers State on owner-occupier basis or monetary ground in lieu there-off. This is backed by the Rivers State Housing Scheme for Judicial Officers Law No. 10 of 2021 passed by the Rivers State House of Assembly, and signed into law by the immediate past Governor of Rivers State.
“The Rivers State Government, in the past years, has been in the fore-front in ensuring that judges are quartered while in service, and in recent years, has gone further to allocate official quarters to judges on the basis of owner-occupier or monetary ground of a fixed sum in lieu there-off.
“The policy of providing official accommodation for judges on owner-occupier basis or monetary ground in lieu there-off has reduced greatly the pressure on judicial officers who hitherto struggle to build retirement home while in service with limited resources. Such pressure and desire to own retirement home in time past was a major concern and have its own impact on job performance”, he added.
In her address, the Solicitor-General and Permanent Secretary, Rivers State Ministry of Justice, Mrs Ibiwari Clapton-Ogolo, explained that the Rivers State Housing Scheme for Judicial Officers, Law No. 10 of 2021 established a housing scheme for judicial officers who must be indigenes of Rivers State either by birth or marriage.
Mrs Clapton-Ogolo said: “The scheme provides for ownership of a decent accommodation in the state by every judicial officer who is an indigene of Rivers State or married to an indigene of Rivers State or monetization of the accommodation, subject to the approval of the government.
“In accordance with the above law, today, the Honourable Chief Judge of Rivers State will commission seven duplexes of five bedrooms, which are exquisitely furnished. Our judges deserve nothing less. I pray that these duplexes will not just be a living houses for our judges, but homes where our judges will find peace and rest as they discharge their duties, as judges, to God and to men,” she added.
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Fubara Assures Residents Of Adequate Response To Fire Outbreaks In PH …Commissions Rebranded Borokiri Fire Service Station, Vehicles

Rivers State Governor, Sir Siminalayi Fubara, has said that the Borokiri Fire Service Sub-Station in the Old Port Harcourt Township will serve as a local-level fire disaster management resource centre to provide quick response to emergencies and ensure protection of lives, property, and the environment from fire disasters.
Governor Fubara gave the assurance while inaugurating the Rivers State Fire Service, Borokiri Sub-Station in the Old Port Harcourt Township in Port Harcourt City Local Government Area, last Thursday.
The Governor stated that fire service stations are essential components of critical services that must be provided by any government for its people as proof of commitment to their safety.
Governor Fubara maintained that the inauguaration of the station, therefore, aligns with what government must do without fun-fare because discharging statutory responsibility to the citizenry is not anything to advertise.
He said: “The purpose of government is to provide services. The purpose of government is to protect lives and property. So, while we are doing those things that we are elected for, and we now start showcasing it, sometimes, it doesn’t make any sense. But, that is what the business has really turned into, which is, whatever you are doing now, you have to showcase so that they will know that you are really working.”
Governor Fubara also said: “Some persons will commission borehole, some will commission all sorts of things, and they do adverts for it. But for us, we have chosen to showcase to the world vital and most needed items of service as a government. What we are showcasing here today is one of the essentials of governance. Fire service station is a very important component in every system.”
Governor Fubara explained that some days ago, he unveiled the modernised and remodelled Headquarters of the Rivers State Fire Service to signal the restorable of stable and regular response to fire disasters across the State.
He said, three days after, he has returned to show to the world a similar word of revitalisation that has been achieved on the Borokiri Sub-Station that will end years of absence of such services available to the residents in that part of the township.
Governor Fubara stated: “Borokiri is a section of the Town, one of the densely populated areas of Port Harcourt City. The essence of rehabilitating this Fire Service Station is to cater to the huge population that is living here.
“We had cases of fire outbreak, from time to time, and we have never adequately responded to them. I strongly believe that after this minute, whatever that would happen, provided it is within the power and jurisdiction of this station, it would be combated adequately.”
Governor Fubara expressed delight over what has been achieved and made available to the people, who are also grateful, and appreciated it with gratitude, exemplified with the joy and excitement on their faces, stressing that this is the reason why his administration will remain resolute, and continue to work to better the lives of all residents in the State.
Performing the inauguaration, former Minister of Transport, Dr Abiye Sekibo, said the project reflects purposeful leadership that has prioritised the wellbeing of the people because they will get assistance to tackling fire incidences when it occurs.
He pointed to the massive rehabilitation work that has been achieved on the long abandoned fire station, which now offers the assurance of more jobs created to engage willing youths to work, adding: “Your Excellency, I was Secretary to the Government in this State, this fire station existed then. I must confess that what I am seeing today is a state-of-the-art fire station. Thank you for your care and for your love.
“This is also an opportunity to expand the possibility of work for our people. When there are instruments to work with, you need people to use them and drive these vehicles to fight the fires. I am sure that our Governor will use this, as a point of reference, to ensure that we have employment within the system that gives our youths something to do.”
Dr Sekibo also said that Governor Fubara carries the collective hope and vision of all Rivers people who are resolute and determined to continue to support him, saying that this is the more reason why President Bola Tinubu should also support Governor Fubara who, as an ally, has continued to work for the success of his administration.
Dr Sekibo also said that, for the first time in 24 years, the Ijaw Nation, which is domiciled in more than 8 local governments of Rivers State, now have the opportunity of governing the State and enjoys massive support of the people.
So far, he noted, the leadership provided by Governor Fubara has been tested in the bold decisions that he has taken to steer the progress of Rivers people, emphasising: “The work our Governor has done in this State in the short time he has been Governor, shows that he prioritizes our interest, and indeed, cares for the unity of this nation.
“This Governor, at a time when our funds are seized, he made sure that there was no problem in this State. He made sure that essential services continued, he didn’t try to create problems for the Federal Government.”
He pointed to how Rivers people have always supported the government at the centre and have not ceased, adding that under the leadership of Governor Fubara, Rivers people are still and will continue to support the President Bola Tinubu-led Federal Government.
He explained: “Mr President, the dear President of Nigeria, our own President Bola Ahmed Tinubu, we, the Rivers people, have always supported the government at the centre. We have always worked with the government at the centre. This Governor, Sir Siminalayi Fubara, has convinced Rivers people that they must stand with their President, and so, we stand with you.
“There might be persons telling you stories, especially when they see people like me, who was a core Atiku man. They will say, don’t you see, it is Atiku people that are with the Governor. There are also Atiku people that are with them there in Abuja. But, the Governor has convinced us that the place to be is to be with our President. So, Mr President, we stand with you. We stand with you because that is the right thing to do. The election delivered you as our President, and so, we stand with you. The election also delivered our Governor, our son, and we stand with him.”
Dr Sekibo advised Rivers people, who felt demoralised by the Supreme Court judgment, to brace up and give unalloyed support to Governor Fubara, who has assured of obeying the ruling to the latter.
In his speech, Rivers State Commissioner for Special Duties, Dr Samuel Anya, said the Rivers State Fire Service, Borokiri Sub-Station was abandoned for years, but quickly added that Governor Fubara has rehabilitated the structures, provided necessary materials, equipment and fire trucks to serve the people better, and guarantee their safety.
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We’ve Strengthened Rivers Fire Fighting Capability – Fubara

Rivers State Governor, Sir Siminalayi Fubara, has said that the modernised fire-fighting units with new buildings, necessary machinery, materials and equipment will strengthen the emergency response capability of personnel to fire incidences in the State.
The Governor pointed to how the provision will drastically reduce, if not eliminate, the vulnerability of Rivers population to fire disasters, as according to him, there will be timely assistance to victims to reduce damage and bolster conditions for sustainable development.
Governor Fubara, who gave the assurance while inaugurating the Rivers State Fire Service Headquarters Station, located by Isaac Boro Park Flyover, in Port Harcourt City Local Government Area, yesterday, said the gesture serves as a consolidation of the promise made, in line with his vision of governance: to provide quality service to the good people of Rivers State.
He explained that some years ago, the State was at the mercy of the multi-nationals that had functional fire trucks to respond to most fire incidences, and pointed to setbacks that greeted some emergencies, adding that the records of losses to fire incidences were colossal.
Governor Fubara said: “We lost the Mile One Market because we couldn’t respond adequately. We lost, even what we call, the Fruit Garden Market because we could not respond. Are we talking about houses, lives that have been lost in this State because of inadequate fire service?”
The Governor insisted that the purpose of governance is to provide such quality social services, protect lives and property, and make living comfortable for the people, asserting that his administration has not failed in those regards, and has continued to intensify the provision of services that have made Rivers people happy.
He said, “And, what we are doing today is to tell the good people of Rivers State, and to showcase to the world, that there is governance in this State. Not governance for the sake of governance, but governance that is purpose-driven, governance that is interested in projects that will change the lives of our people.
“Some days ago, a tanker fell along the Woji-Elelenwo Road. If it were before, lives would have been lost. But immediately, the fire service, not the multi-nationals, it was the Rivers State Fire Service that responded and arrested the situation. What else are we talking about?”
Governor Fubara said Rivers people are very happy with the consistent delivery of infrastructure projects that address the critical problems experienced by the people in the larger society, emphasising that he believed strongly that even if some persons are indulged in clandestine activities, and determined to discredit his administration, Rivers people are happy, indisputably so.
He explained, “We are not interested whether those people who are commissioned to undermine us are unhappy, that is not our business. Our business is about Rivers State and Rivers people. So, like the Commissioner said, we did not just do this for the sake of glamour. You come here, you see a painted house, every facility that is required in a well-built fire fighting facility, is all in this place.”
Governor Fubara said further: “You can image a government that has a fire service and the firemen are not working. It is only at the end of the month you pay them their salaries. You can see that they were not happy and unproductive. But today, they are happy because they have a big responsibility now ahead of them: to ensure that lives and property of the good people of Rivers State are adequately protected. So, I want to thank you for this particular spirit at this moment.”
Governor Fubara commended the Commissioner for Special Duties, Dr Sam Anya, for driving the process to conclusion, and the contractor for delivering the project on schedule, and assured that his administration will continue to ensure the protection of lives and property while defending the Constitution of the Federal Republic of Nigeria.
Governor Fubara also told Rivers people to expect the provision of more basic amenities, unbiasedly, and advised those in charge of the firefighting equipment to safeguard and protect them so that they can serve their purpose maximally.
Providing the project description, Rivers State Commissioner for Special Duties, Dr Samuel Anya, explained that since the first fire service station was built in the 1960s, this was the first time the facility is being remodeled and upgraded, emphasising that certain features were introduced and added to make the station comparable to fire service stations nationally.
He stated: “We have gym, sick-bay, offices and state-of-the-art equipment that we will use to combat fire. Your Excellency, we have also, new fire trucks that you have acquired. Before now, we did not have any truck, and when incidents happen, we have to call the Federal Fire Service or call Agip or Shell Fire Service. But thank God that His Excellency, in his wisdom, has given us state-of-the-art facility, and we don’t need to call any other person again.”
In his address, Head of Local Government Administration, Port Harcourt City Local Government Area, Mr. Clifford Paul, said Governor Fubara has turned the once dilapidated fire service station and its equipment into a modern masterpiece, which represents a significant milestone in the collective commitment towards tackling fire incidences.
Mr Paul stated that it will certainly enhance the capacity of personnel and reinforce their preparedness to respond to emergencies in the event of fire outbreaks.
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