Falana also asked the IGP to warn the Rivers State Police Command against any form of misconduct by its men and officers that would frustrate or truncate the elections.
Human rights lawyer, Femi Falana (SAN), has written to the Inspector General of Police, IGP Kayode Egbetokun, asking him to direct the Rivers State Police Command to maintain law and order during the Rivers State local government elections scheduled for Saturday.
Falana also asked the IGP to warn the Rivers State Police Command against any form of misconduct by its men and officers that would frustrate or truncate the elections.
Falana said that his letter to the police boss.
This comes after a statement credited to the Rivers State Police Command to the effect that it would comply fully with the judgment of the Federal High Court, Abuja, which barred it from participating in the local government elections in the state.
According to Falana, “The implication of the statement is that the police will not maintain law and order during the election.”
Falana said contrary to the Rivers State Police Command’s statement and resolution, an appeal has been filed against the judgment of the Federal High Court delivered on September 30, 2024 by the Justice P.O. Lifu.
He said, “Following the filing of the appeal, a motion for stay of execution pending the appeal has also been filed by our client.
“Having been served with the copies of the Notice and Motion for Stay of execution, we request you to direct the Rivers State Police Command not to take any step that frustrates the hearing and determination of the said motion for stay of execution of the judgment of the Federal High Court.
“In other words, you are requested to direct the Rivers State Police Command to maintain law and order during the election for the following reasons:
“Since a notice of appeal has been filed together with a motion for stay of execution, parties are not permitted to take steps that may frustrate the hearing of the motion for stay of execution.”
Falana noted that by maintaining law and order during the election, “The police cannot be accused of contempt of court."
He stressed that in the case of Mobil Oil Nig. Limited v Assan (1995), the Supreme Court held inter alia: “Chief FRA Williams, SAN referred the court to the cases of Huang & Ors. v. Bello & Ors. supra and Rastico Nigeria Ltd. v. Societe GeneraleSurveillance SA supra. These are Court of Appeal decisions and were in my view rightly decided.
“What the court below was saying in both cases was that where a person is appealing against a matter in which he had suffered a defeat and asked for a stay of execution pending the determination of the appeal, he would not be liable in contempt merely because he had not obeyed the order which he is appealing against or which he wants stayed pending the appeal.
“Trial and appellate courts have always had jurisdiction to grant stay of execution of judgment pending appeal.
“The exercise of the right to apply for a stay of execution by an unsuccessful litigant pending his appeal has not been treated as a disobedience to the judgment he is appealing against.”
He said, “In Suit No: PHC/2696/CS/2024 - Action Peoples Party v. Rivers State Independent Electoral Commission & 2 Ors., the Rivers State High Court has directed the Rivers State Independent Electoral Commission to conduct the local government election in accordance with the judgment of the Supreme Court in Suit No: SC/CV/343/2024 – Attorney-General of the Federation v. Attorney-General of Abia State & 35 Ors. (2024) LPELR -62576 (SC).
“The Governor of Rivers State, Mr. Siminalayi Fubara has directed the Rivers State Commissioner of Police to maintain law and order during the election in exercise of his powers under Section 215 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
Falana further said that in the case of the Attorney-General of Anambra State v. Attorney-General of the Federation & Ors. (2005), the Supreme Court held: “The Constitution in Section 215 subsection(1) clearly gives the Governor of AnambraState the power to issue lawful direction to the Commissioner of Police, Anambra State, in connection with securing public safety and order in the State.”
He said, “A few persons have openly boasted and threatened to destroy electoral materials, cause mayhem and unleash violence on the law-abiding people of Rivers State who may wish to exercise their democratic rights during the local government election.
“In view of the foregoing, we hereby urge you to direct the Rivers State Commissioner of Police to ensure that there is no breakdown of law and order in any part of Rivers State during the local government election scheduled to hold throughout the State on October 5, 2024.”
The APC had in September filed a suit marked FHC/ABJ/CS/987/2024 to stop the local government elections in the state scheduled for Saturday, October 5, 2024.
Joseph Daudu, a Senior Advocate of Nigeria (SAN), lead counsel for the APC, had pushed for the court to grant the prayers sought by his client.
He argued that the Rivers State Independent Electoral Commission (RSIEC) had not met the necessary conditions to conduct the local government elections.
However, Taiwo Taiwo (SAN), the lawyer representing the Attorney General of Rivers State, and Falana (SAN), who is representing the RSIEC, opposed the suit.
Taiwo and Falana challenged the court’s jurisdiction to hear the case and contended that the proper venue for the case should be the Federal High Court’s division in Rivers State, and not that of Abuja.
Also according to the senior lawyers, the suit was statute-barred and should not be entertained by the court.