Prominent human rights lawyer, Femi Falana (SAN), has urged Inspector-General of Police (IGP) Kayode Egbetokun to instruct the Rivers State Police Command to ensure law and order during the upcoming Local Government Area (LGA) elections on October 5, 2024. This advice comes in light of a recent Federal High Court judgment prohibiting police participation in the polls.
In a letter on behalf of his client, the Rivers State Independent Electoral Commission (RSIEC), Falana called on the police to avoid any actions that could disrupt the elections or hinder the legal proceedings. He revealed that an appeal has been filed against the September 30, 2024, judgment issued by Justice P.O. Lifu, which ruled against police involvement in the election.
Falana stated that, along with the appeal, a motion for a stay of execution has also been filed. He explained that, under the law, once a notice of appeal and a motion for a stay of execution are submitted, the involved parties are expected to maintain the status quo until the appeal is resolved.
Referencing the Supreme Court decision in Mobil Oil Nigeria Limited v Assan (1995), which established that an unsuccessful litigant is not in contempt of court if they appeal a judgment and seek a stay of execution, Falana emphasized that the Rivers State Police would not violate the law by maintaining order during the elections while awaiting the court’s decision.
Falana also cited a related case, Action Peoples Party v. Rivers State Independent Electoral Commission & 2 Ors. (PHC/2696/CS/2024, where the Rivers State High Court directed RSIEC to conduct the election in accordance with a previous Supreme Court ruling. He noted that Governor Siminalayi Fubara of Rivers State has instructed the Police Commissioner to uphold law and order during the election, invoking the constitutional powers granted to governors under Section 215 of the 1999 Constitution.
Expressing concerns over threats made by individuals intent on disrupting the elections through violence and destruction of materials, Falana highlighted the necessity for police to ensure voter safety and the smooth execution of the electoral process.
He concluded his letter by urging the Rivers State Police Commissioner to implement all necessary measures to avert any breakdown of law and order during the elections and to safeguard the democratic rights of citizens.
This letter underscores the ongoing legal and political complexities surrounding the Rivers State LGA elections, as well as the challenges to the enforcement of court rulings amid a highly charged political atmosphere.