The Federal High Court, sitting in Abuja, has declared as illegal, the joint panel constituted by the Inspector-General of Police (IGP), Ibrahim Idris, to investigate alleged infractions in the December 10 rerun in Rivers State.
Justice Gabriel Kolawale, who delivered the judgment yesterday in Abuja, described the panel as a “strange illegal contraption unknown to law”.
Justice Kolawale averred that although the Police Act gave the police the powers to carry out such investigation, there was nowhere in the Act that allowed the police to bring in another body.
He said: “Section 4 of the Police Act allows the police to set up such a panel to carry out investigations. The section does not, however, state that the police can carry out such an investigation with apparatus outside the force.”
The judge said the special panel by the police, which also included members of the Department of State Services (DSS), was unknown to law and unconstitutional.
He said the federak attorney-general (AGF) must be cautious in using the report presented to him by such a panel since it was an “illegal” body not known to law.
But Justice Kolawale refused to quash the report of the panel, as sought by the plaintiff, on the grounds that it was not before him and he could not take action on what was not before him.
The judge said the report of the panel, if it contained useful information, could be useful, if turned over to a proper body under the law.
He averred that the other prayers sought by the plaintiffs were “ungrantable” since the reliefs the prayers sought had been overtaken by events.
According to him, the panel has submitted its report to the federal attorney-general.
The News Agency of Nigeria (NAN) recalls that Governor Nyesom Wike approached the court to challenge the Police Special Joint Investigation Panel on the December 10 rerun.
Wike, with the state government, the second plaintiff, also prayed the court to nullify the outcome of the police investigation.
Wike, in the suit, queried the legality of the probe panel, which was constituted by the IGP.
The inspector-general had set up the panel to uncover those who masterminded violence and other electoral malpractices during the re-run.
The panel which also had personnel of the DSS as members, was chaired by Mr Damian Okoro, a Deputy Commissioner of Police (DCP).
Tag: Rivers rerun
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Rivers rerun: Court declares police probe panel illegal
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Poll bribery: Court rules on INEC officials’ application May 12
Justice John Tsoho of Federal High Court, Abuja, on Friday fixed May 12 for ruling in an application filed by 23 officials of Independent National Electoral Commission (INEC), challenging the court’s jurisdiction to hear the suit against them.
Justice Tsoho adjourned the matter after listening to arguments from the prosecution and defence counsel.
The officials were docked for allegedly receiving N360million from Rivers State Governor, Nyesom Wike, during the December 10, 2016 rerun election in the state.
The accused were to enter their plea on March 14 to a seven-count charge of bribery.
Counsel to the 1st to 20th defendants, Mr. Ahmed Raji, had in the last sitting, informed the court of the application he filed, questioning the territorial jurisdiction of the court in the matter.
The other defence counsel, Mr. Ukpan Ukairo and Mr. E. A. Nwauwa, also filed an application challenging the court’s jurisdiction.
At the resumed hearing, Raji observed that the exhibits of the complainant attached to the counter affidavit of the police, were deposed to by one Numa Ganawo Wande, a litigation officer in the office of the Attorney-General of the Federation (AGF).
He said the exhibits, marked annexures A, B, C and D, were mere photographs of dead police officers and weapons.
Raji argued that in accordance with the provisions of Section 84 of the Evidence Act, the exhibits were “inadmissible in law.”
He insisted that a litigation officer in the AGF’s office “is not in a better position to depose to what transpired in Port-Harcourt.”
NAN
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PDP: IGP Panel Report on Rivers rerun was biased
Samuel Nwanosike is the Publicity Secretary of the Makafi-led faction of the Peoples Democratic Party (PDP) in Rivers State. In this interview with PRECIOUS DIKEWOHA, he says the Okoro -led panel does not exist. He also speaks on other issues.
It appears that both the APC and the PDP are hitting up the polity in Rivers State. when will Rivers people have peace?
We can have peace in Rivers State as long as the All Progressive Congress (APC) in the state heeds to the Acting President Osibanjo’s advice, who is a member of their political party. During his visit to Rivers State he told them clearly that he was once in opposition for sixteen years. That they should understand that if you are an opposition you cannot parade yourself as an alternative government. APC in Rivers State must understand that there is law governing Rivers State and they must respect the law. So as long as they take the advice given to them by their leader, the Acting President of Nigeria, Peace will reign in the state. The governor of Rivers State, Chief Ezenwo Nyesom Wike, has done wonderfully well in the area of project and the empowerment of the youths of this state. Even religious organizations have come to affirm that truly Governor Wike is a man of Peace. This is the reason why Christian Association of Nigeria awarded him Apostle of Peace.
This is the only state in the Niger Delta that the Acting President accepted to sleep in, which shows that there is peace in the state. Look, the APC is desperately looking for ways to come back to Government House to continue the looting of Rivers treasury. But believe me, they will never have that opportunity of coming closer to the economy of Rivers people again.
During the Acting President’s visit to the state, Governor Wike, the leader of your party, was uncomfortable that after a stakeholder meeting at the Government House, the APC hosted another meeting and called it stakeholders’ meeting. Which of these meetings could be described as legitimate among the two meetings?
There were no two stakeholder meetings. The only stakeholder meeting was the one hosted in government house where Rivers people including the traditional rulers, youths and other stakeholders gathered before the Acting President. The other meeting was not stakeholder meeting but a political party meeting. When the Acting President came to that meeting he greeted them with their slogan which shows that it is a political meeting. Then, the Vice President went ahead to tell them that he was happy to meet with his political family. Look, the concocted presentation of Niger Delta master plan allegedly presented at the APC meeting was a garbage, because during the stakeholders’ meeting in government house, APC’s leaders where there. So why are they holding another stakeholder meeting?
Everybody, including the leaders of APC, made a presentation during a stakeholder meeting in government house. Meanwhile, the Acting President is a member of APC, so we cannot stop him from meeting with his party members. Of course, he made it clear that he was in that meeting to meet with his party members, so it is not a stakeholder meeting.
Before the December 10 last year’s rerun elections, your party raised alarm alleging manipulation and attempt to scuttle the electoral process by the APC. After the election your party declared the process as a sham, despite winning more seats than the APC. Why?
You know we told the whole world that even if they brought American marine, that we will resist them. They came with 28 thousand policemen, they came with special forces, they came with everything within their power. In one of the press conferences, the Minster of Transportation said they will deploy their all to ensure wining. They had the military, police, DSS and everything with them. But you know what? Rivers people were resilience and were determined to defend their rights and democracy.
We won more seats because we resisted them. Look, the PDP will continue to win elections in Rivers State. On 12th of December, Rotimi Amaechi in company of one Emma Chindah who was fingered as Peterside’s cousin, being involved in fake ballot papers printing scandal and Akin Fakorede stormed the collation centre after hijacking Ikwerre result the previous night, with barrels of machine guns and armoured tanks. Over 1,000 policemen and over 800 military officers stormed Ikwerre Local Government INEC office to scuttle a peaceful election. They harassed everybody including myself. I was manhandled, thoroughly beaten and dragged out of INEC office. The INEC returning officer and collation officer and all the party agents were beaten in the presence of Amaechi. The next day they went round Port Harcourt and attacked many people. On 12th December they came to steal the Emohua result which they failed to hijack from Ikwerre Local Government. Unfortunately for them, because of the actions of the previous day, the people of Rivers State were already laying siege at the collation centre waiting for them. This is because they got information that SARS was coming to hijack the electoral result sheets. Dr Udege, a senior INEC officer, was beaten up and his head broken by men of SARS on the orders of Amaechi. Chinyere Igwe, PDP agent in Port Harcourt was abducted by SARS. But as soon as Rivers people heard what happened they came out in their numbers to defend democracy.
Is that the reason why your leader, Governor Wike, distanced himself from the Okoro-led Police panel?
That is not a panel. You cannot be a judge in your own matter. As far as PDP is concerned, that IGP panel does not exist, it doesn’t make sense to us and can never be recognized by us. We want them to show the evidence where money was given. Nigeria police has never been this worst before. Those persons must speak to Nigerians on how they got the money. But to be candid Governor Wike can never be distracted with this report. The people of Nigeria are facing recession, but the governor said there is no recession in Rivers State. The governor cannot be distracted by this primary school drama. Let it be known that this report should be considered as not existing. -
Rivers rerun: Soldiers arrest PDP official, 50 ‘thugs’
•Recover ward 10 ballot boxes, result sheets dumped in the bush
•Violence mars election
•INEC vows to prosecute culpritsViolence erupted again yesterday at Etche, Etche Local Government of Rivers State as the re-run election for the Etche /Omuma House of Representatives and State House of Assembly, constituency 2 got underway.
No fewer than 50 people including the Publicity Secretary of the Peoples Democratic Party (PDP) in the state, Mr. Samuel Wanosike, were arrested by soldiers at Ulakwo Ward 13, during the election.
Security officials said they had no reason to be there having come from Ikwerre in Ikwerre LGA.
Those arrested with him were alleged to be thugs.
Some other accounts put the figure of those arrested at 62.
Wanosike and the ‘boys’ were ordered by the soldiers to sit on the bare ground.
His Nissan Sport Utility Vehicle was impounded by the soldiers.
But no incriminating material was found on him, according to sources.
Soldiers at Obite Ward 10 in Etche also recovered three unites ballot boxes snatched by hoodlums.
The ballot boxes were snatched during a clash between agents of the Peoples Democratic Party (PDP) and the All Progressive Congress (APC).
But a few minutes later, soldiers on election duty stormed the area and recovered the electoral materials.
They arrested five persons.
Both sides traded blames.
Mr. Kinsley Nweke, PDP ward leader in the area, accused the APC of hijacking the ballot boxes when it was clear to them that they were losing in those units.
Nweke said: “Obite ward 10 is PDP ward, APC’s plan was to hijack the ballot boxes of the three units and declare result in their favour, but we are going to resist them. We are aware that the soldiers are working for them, the PDP members in this ward are not happy.
However, an APC supporter, Elizander Amadi told The Nation that it was PDP thugs that stormed the three units in the area and carted away the ballot boxes.
He said: “When PDP members discovered that we were winning, they instructed bad boys in the area who are loyal to their party to disrupt the peaceful process. But we thank God that the military later discovered the ballot boxes and other electoral materials at the bush.”
The elections could not be concluded during the December 10 third rerun election as a result of similar violence.
Reports from different parts of the area said despite earlier pledges by stakeholders to allow peace reign yesterday, snatching of electoral material including ballot papers, ballot boxes and smart card readers became the order of the day.
Election materials for Polling units 9 and 10 in ward 14 were snatched from electoral officers on their way to the unit, while the Supervisor for the Ward 14, simply identified as Jones was beaten to stupor.
He was later rescued by sympathizers.
The police, in most cases, chose to ignore cries for help apparently to avoid accusations from politicians.
An INEC Information Communication Technology officer from Abuja was reportedly attacked at Ward 5 Igbo-Etche by political thugs believed to be working for one of the political parties in. His offence was trying to fix the Smart Card Reader deployed to the unit for the accreditation of voters.
Some people were not comfortable with the use of the Smart Card Readers and came all out to make them un-useable.
The Acting State Commissioner of Police (CP), Ahmed Magaji who was at the scene of arrest said, “investigations are ongoing on the 52 suspected political thugs arrested at Etche. Full report would be released after investigation.”
The INEC National commissioner for Rivers, Edo and Bayelsa states, Mrs. May Agbamuche-Mbu said the commission would not take the arrests lightly.
He said: “early this (yesterday) morning, INEC staff had started mobilizing themselves to the polling units, but unfortunately this happened again.
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Rivers rerun: INEC officials to face trial
THE Independent National Electoral Commission (INEC) has considered the report of its administrative enquiry into the Rivers rerun. It also considered the police/DSS report on the election.
Tweets by the commission yesterday said 25 officials indicted by the police/DSS report would be prosecuted.
28 officials indicted by the administrative inquiry will face internal disciplinary action for misconduct and negligence. Aguna Isaac and Ademola Oluwaretoba, corps members, will be offered employment.
The commission also announced that the governorship election in Anambra will hold November 18.
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Rivers rerun: Police fault INEC report
The police have faulted the Independent National Electoral Commission (INEC) report on the Rivers State rerun.
The report indicted the police and others.
Reacting to the report that was published yesterday by this newspaper and many others, the police, in a statement by the force spokesman, Jimoh Moshood, a Chief Superintendent of Police (CSP), maintained that the Force is apolitical and will not engage in any political partisanship, and will continue to ensure that election security is guaranteed.
The statement reads: “The attention of the Nigeria Police Force has been drawn to a report on pages 1 and 4 of the Nation Newspaper of today 22nd February, 2017 titled “ INEC Report on Rivers rerun indicts police, others”.
“The Nigeria Police Force as the lead agency in election security in the country recognises the need to ensure that the rule of law, policing based on international core values with integrity, principles of democratic policing in conformity with the electoral acts prevails in all its operations as regard elections, and protection of life and property across the nation.
“Consequent on the conduct of the Rivers Rerun Election of 10th December, 2017, and the attendant irregularities and violence witnessed during the election, the Nigeria Police Force acted promptly and proactively by the setting up and inaugurating of a joint Investigative Panel, made up of Senior Police Officers and Officers of Department of State Services with proven integrity by the Inspector General of Police, on the 22nd December, 2016, to investigate all the misconducts, identified infractions, incidents of violence and other actions and inactions of Police personnel and INEC Officials, other security agencies and stakeholders who were deployed for the 10th December, 2016 Rivers rerun election.
“The investigation Panel was further mandated to also investigate the prevalence of violent crimes, such as armed robbery, kidnapping/hostage taking, hijack of election materials and attacks on electorate, INEC members of staff, ad-hoc personnel and other stakeholders that were involved either directly or indirectly in the conduct of the election. The joint investigation panel submitted its report to the Inspector General of Police on the 7th February, 2017.
“The Nigeria Police Force identified and proactively took action against six police officers who were indicted by the Investigative Panel report to have compromised, engaged in serious misconduct, misused of firearms, and for other conducts in violation of the electoral act and other enabling laws during the Rivers rerun election.”
The statement went on: “They were arrested, investigated and subjected to internal disciplinary measures, after being found guilty were dismissed from the Force and paraded before the media on 6th January, 2017 and are awaiting prosecution. Other agencies whose personnel were also indicted by the Joint Investigation Panel are expected to do the same to their personnel indicted in the report without any further delay.
“23 INEC Electoral Officers and two Administrative officials who were indicted by the panel were arrested, investigated and total sum of one hundred and eleven million three hundred thousand naira (#111, 300,000) confessed to have been collected from His Excellency, the Governor of Rivers State, Barr. Nyesom Wike, was recovered from them.
“They were granted bail to the Director of Human Resources, INEC Headquarters, Abuja.
“The report as quoted above is a disservice to the Nigeria Police Force because all the issues raised were discovered by the Joint Investigative Panel and have been dealt with.
“The story is therefore misleading, malicious and capable of misinforming members of the public on the statutory roles of the Nigeria Police Force in election security, restoration of law and order, and the protection of lives and property throughout the country.
“The Nigeria Police Force is apolitical and will not engage in any political partisanship, and will continue to ensure that election security is guaranteed across the country.”
A source at the Force Headquarters, who pleaded anonymity, said the report released by INEC was part of the move the Commission was making to exonerate its officials who were found guilty.
Commenting on the INEC Panel Report which indicted the police for electoral fraud, ballot box snatching and violence, the governor noted that in saner climes the Police High Command and all those mentioned would have resigned their respective positions.
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INEC report on Rivers rerun indicts police, others
The Independent National Electoral Commission (INEC) has released a damning report on the December 10, 2016 Rivers State rerun.
The police compromised the integrity of the election, an INEC administrative inquiry said.
The report cites obstructive involvement of security agencies as one of the factors that led to the failure of the electoral process in some local government areas.
Part of the 37-page report reads: “One of the low points of the Rivers’ rerun of the 10th December, 2016 was the flagrant intervention of security operatives in the process.
“This was widely identified by staff of the Commission and independent observers alike as one of the major factors that led to the failure of the process in some local government areas.
“There were too many security agencies involved in the process outside the framework of the Interagency Consultative Committee on Election Security (ICCES). It was not clear whether many of them were acting as part of their various organisations, or as groups and individuals serving political interests.
“Most importantly, many of them showed profound political partisanship. Ironically then, security operatives, who were expected to protect the process, turned on it.”
The INEC committee report described as strange the conduct of senior police officers deployed in the state to ensure a peaceful conduct of the rerun.
It said: “But most mid-boggling were cases of hostage taking, hijack of materials and physical attacks on INEC officials by security operatives.”
The five-man committee, chaired by INEC’s National Comissioner Prof Okechukwu Ibeanu, named in its report a particular police officer, who it said tried to lure INEC officials away from their duty posts. -
Rivers rerun: Panel recovers N111million from INEC officials
Over N111 million was recovered from 23 officials of the Independent National Electoral Commission (INEC) who were deployed to Rivers State for the recent rerun parliamentary election in the state, the police said on Tuesday.
The unnamed officials have been indicted for their involvement in the incidents and violence that occurred during the election.
Also, six police officers who were indicted for their roles in the election have been dismissed.
The findings were contained in the report of the Joint Investigation Panel constituted by the Inspector General of Police, Ibrahim Idris, on December 22, 2016 and presented at the Force Headquarters in Abuja..
The panel which comprising 12 officers of the Nigeria Police Force and three from State Security Service was mandated to investigate the various infractions, incidents, and violence that marred the rerun elections in Rivers State and any relevant matter.
The panel attributed the violence recorded in the election to lawlessness and leadership failure.
Speaking during the presentation, the chairman of the 15-man panel, DCP Damian Okoro, said “the sum of N111, 300,000 was recovered from 23 INEC electoral officers. Out of N360million, 15 million was given to each of them while three senior electoral officers were given N20million each.”
Okoro said the committee established “cases of misconduct on the part of some electoral officers and law enforcement agents who unfortunately allowed themselves to be compromised in their line of duties and deserved to be disciplined appropriately.”
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Rivers rerun: Witness tenders video evidence
Rivers State Commissioner for Urban Development Chinyere Igwe yesterday fingered former Governor Rotimi Amaechi, in the violence that marred the December 10 legislative rerun.
Igwe was giving evidence before the panel of enquiry the state government set up to probe the poll.
The commissioner tendered a video clip during his cross-examination to show how violence erupted during the election.
Igwe accused Amaechi of masterminding the violence, adding that he wanted the result to favour All Progressives Congress (APC). The panel played the video clip.
The witness said he sighted Amaechi opposite the Rivers East collation centre in Port Harcourt City Local Government.
He said Amaechi allegedly ordered security operatives, led by the Commander of Special Anti-Robbery Squad (SARS), Mr. Akin Fokorede, to arrest and beat him up.
Although the video clip did not show Amaechi, Igwe insiste that the Transportation Minister was directly opposite the collation centre but avoided the video recording.
According him, after his release from detention, he was flown abroad for treatment.
Also, Peoples Democratic Party (PDP) Chairman for Port Harcourt City Local Government, Mr. Ikechukwu Chinda said although nobody died in his area, some party members were allegedly brutalised by a team of policemen, led by the SARS commander.
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Again, court refuses Wike’s prayer to stop probe of Rivers rerun violence
A Federal High Court in Abuja yesterday declined the prayer by Rivers State Governor Nyesom Wike for an order stopping the police probe of complaints, allegations, petitions of crimes and acts of criminality during the December 10, 2016 re-run elections.
Wike suffered a similar fate on January 16 when Justice Gabriel Kolawole refused his ex-parte motion for an interim injunction restraining the police from conducting the investigation, but instead, directed the defendants to show cause why Wike’s prayers in his motion ex-parte should not be granted.
Defendants in the suit are the inspector general of Police (IGP), State Security Services (SSS) and Deputy Commissioner of Police, Damian Okoro.
Wike is, in the substantive suit, challenging the powers of the IGP to set up a judicial commission of enquiry to investigate allegations of violent crimes in his state.
He is, in the motion, seeking among others, an order of interim injunction restraining the defendants or their agents from enforcing or executing the matters contained in the letter written to him by the IGP on December 20, 2016.
The IGP in the letter titled, “Investigation into allegations of crimes committed during the last rerun elections in Rivers State,” said 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 requested the governor to furnish the police investigative team with necessary information and exhibits that might assist the team.
Yesterday, rather than file affidavit to show cause, as ordered by the court, the 1st and 3rd defendants, who responded to the case filed objection, challenging the court’s jurisdiction to hear the case. The DSS did not file anything.
Plaintiffs’ lawyer Mike Ozekhome (SAN) said he had been served with the 1st and 3rd defendants’ notice of objection and counter-affidavits to his client’s originating summons and motion for interlocutory injunction.
Ozekhome, who prayed the court for a short time to respond to the defendants’ processes (documents), urged the court to grant an interim order directing parties to maintain the status quo pending the hearing of his motion for injunction.
He noted that the defendants did not only admit conducting the investigation, which formed the thrust of his clients’ case, they confirmed they were proceeding with the investigation despite the pendency of the suit.
Responding, lawyer to the 1st and 3rd defendants, Deji Morakinyo, objected to Ozekhome’s prayer on the grounds that his clients were challenging the court’s jurisdiction to hear the case, which sought to question the exercise of the IGP’s statutory and constitutional powers to investigate crimes.
Justice Kolawole refused Ozekhome’s prayer on the grounds that there was no irreparable damage that could occur to the plaintiffs should the defendants proceed with their investigation.
The judge however, drew the defendants’ attention to the implication of the doctrine of lis pendens should the police proceed with its investigation despite the pendency of a suit challenging its powers to conduct such investigation.
“As I observed in my ruling of January 16, 2017, the plaintiff is, by his office, the chief security officer of Rivers State.
“The 1st defendant, by virtue of the provision of Section 215(1) (a) of the Constitution, is the chief law enforcement officer of the federation, who equally has the statutory duties to prevent, to detect and investigate any crime within the Nigerian borders.
“Both the 1st, 2nd plaintiffs and the 1st defendants appear to be exercising powers conferred on them by laws.
“The proceedings for today are for the defendants to show cause and for the plaintiffs’ motion on notice to be argued in the context of the defendants’ responses to the plaintiffs’ motion on notice.
“The question, which tasked my thought is whether the filing of a notice of preliminary objection, strictly speaking, is a process by which the defendant, against whom an order of interim injunction is sought, ought to file? I really do not think so,” the judge said.
Justice Kolawole said the facts in the case did not present themselves as the case of Lagos State and Ojukwu, decided by the Supreme Court in 1986, which Ozekhome relied on to apply for an order for the maintenance of status quo.
In distinguishing this case from that of Lagos and Ojukwu, the judge noted that there were constitutional issues bordering on the exercise of statutory and constitutional powers, which both the plaintiffs and the 1st defendant have.
The judge said: “The only issue is whether, as between both parties, the said powers were being exercised in good faith and for public interest.
“These are the issue on which I can hardly express any judicial opinion until I am able to listen to detailed forensic legal arguments on the provisions of the Constitution and the duties which it imposes on all persons and authorities, to apply and execute its provisions in good faith and for the public good.
“I really do not see any irreparable lost or damage, which the plaintiffs would suffer if no order is made even at this stage…
“In the light of these postulations, I will still refrain from acceding to the plaintiffs’ council’s request and leave the defendants’ counsel with a clear choice to make either to suspend the action or to continue with it when they realise that the final say, as to the validity of their investigation report will be a matter of judicial determination sooner or later,” Justice Kolawole said.
The judge adjourned further hearing to February 10.