Tag: Rivers

The Chief of Staff, Government House, Rivers State, Ehie Edison, has faulted provisions of the House of Assembly Service Commission (Amendment) Law recently enacted without the assent of the Governor.

The new law repealed the Rivers Assembly Service Commission Law, No. 3 of 2006 and further amended the Rivers Assembly Service Commission Law of 1999.

The House of Assembly enacted the law overriding the Governor after the expiration of the 30 days required by the governor to sign it.

Edision observed that the whole essence of the amendment was to strip the Governor of his powers to appoint the Chairman and members of the Rivers State House of Assembly Service Commission.

He said the new law took the power, which originally belonged to the Governor, and vested it with the House of Assembly.

Edison, who was until his appointment as the Chief of Staff, a  member of the House, described such provision as null and void.

He said: “The import of the 2024 Amendment Bill passed into Law by the House is that the governor will no longer have the power to appoint the Chairman and members of the Rivers State House of Assembly Service Commission and the power of appointment shall be vested in the House of Assembly.”

But he observed that the new provision was contrary to the provisions of the 1999 Constitution as amended on the powers of the state governor insisting that the action of the lawmakers was dead on arrival.

He said: “The first issue to consider is the Constitutional power of the Governor. Section 5(2) of the Constitution of the Federal Republic of Nigeria, 1999 provides that the executive powers of the State shall be vested in the Governor of that State.

“Further, Section 176(2) provides that the Governor of a State shall be the Chief Executive of that State. This follows that the governor is the Chief Executive Officer of the State Government and by the powers vested on him, is responsible for making appointments into various executive bodies, subject to the provisions of the 1999 Constitution and other statutes. 

“All commissions and other parastatals are executive bodies under the control of the governor. The House of Assembly Service Commission is an executive body and as such the Chairman and members can only be appointed by the governor. 

“The House of Assembly has no powers to make any appointment into an executive body as no statutory body is under the control of the legislature. 

“The Rivers State House of Assembly should not mistake the presence of the building of the Service Commission in its premises as conferring powers on the House to appoint the Chairman and members of the Commission.”

 Edison explained further: “The second issue to consider is the constitutional alteration of 2023. In that alteration, the Third Schedule was amended to include state houses of assembly service commissions, which invariably follows that a state house of assembly commission is one of the state bodies established by section 197 of the 1999 constitution. 

“Let’s be reminded that Section 198 of the 1999 Constitution gives the governor the power of appointment into various executive bodies, subject to confirmation by a resolution of the House of Assembly of a State. 

“The job of the Rivers State House of Assembly ends with the confirmation of the appointees. The alteration to the Third Schedule, paragraph 1A provides that the composition, tenure, structure, finance, functions, powers, and other proceedings of the commission shall be as prescribed by a law of the House of Assembly of the state. 

“Notice that the appointment of the chairman and members of the commission is not listed. Therefore, it can be safely inferred that the power to appoint the chairman and members of the House of Assembly Service Commission lies with the Governor, as is the case with the other bodies listed under Section 197 of the 1999 Constitution.

“There is nothing in the Alteration that, by any stretch of imagination, can be inferred to confer the power of appointing the Chairman and members of the Rivers State House of Assembly Service Commission on the Rivers State House of Assembly, notwithstanding the fact that the law creating the commission was enacted by the Rivers State House of Assembly”.

Edison further argued that the state House of Assembly Service Commission and its staff are under the control of the state government as provided by the Constitution.

He posted that by such provision of the Constitution, the Assembly Service Commission is not an appendage of the legislature but under the control of the State Government. 

“Even at the national level, the members of the National Assembly Service Commission are appointed by the President in collaboration with the National Assembly”, he said.

Quoting Section 4(5) of the 1999 Constitution, Edison said: “If any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other law shall, to the extent of inconsistency, be void”.

Citing some judicial precedents especially in A.G Bendel v AG Federation & 22 Ors (1982), he quoted the Supreme Court as saying: “Neither a State nor an individual can contract out of the provisions of the Constitution. The reason for this is that a contract to do a thing which cannot be done without a violation of the Law is void.” 

Read Also: Rivers Assembly enacts another law without Fubara’s assent

On whether a statute could revive a repealed statute as in the case of the recent amendment, Edison quoted the decision in the case of Idehen v University of Benin, delivered on 19th December, 2001.

He said the court held that “contrary to the contention of the university, the effect of repealing a  statute is to erase the repealed statute from the statute book. When a statute is repealed, it ceases to exist and no longer forms part of the laws of the land. In other words, the effect of the repeal is to render the repealed statute dead and non-existent in law. Like a dead person, it cannot be revived”.

He said: “In conclusion, the Rivers State House of Assembly lacks the powers, legal or otherwise, to remove the power of appointment of the Chairman and members of the Rivers State House of Assembly Service Commission from the Governor and vest that power on themselves. 

“The provision in the Rivers State House of Assembly Service Commission (Amendment) Law, 2024 seeking to vest that power on the House is in clear contravention of the 1999 Constitution, and therefore, a nullity in the eyes of the Law. 

Rivers Police command has uncovered a gang of notorious kidnappers and car snatchers formed by unrepentant ex-convicts.

The police said members of the gang conducted their criminal enterprise along the popular Ikwerre Road from Mile one to Mile three.

A statement by the Police Public Relations Officer (PPRO), Grace Iringe-Koko, said the gang was nabbed when they attempted to kidnap a lady in Port Harcourt.

The statement said: “The gang was arrested when they attempted to kidnap one, Theresa Anyanwu, on the 14th of January, 2023. On the day of the operation, the bunch gathered under the Rumuokoro bridge to develop a strategy on how to identify and kidnap potential victims. 

“They resolved that they would hire a tricycle ‘keke’ and use it to follow flamboyant cars discreetly before pouncing to seize them. They spotted Theresa in a Lexus SUV and began tailing her in the hired tricycle, and when she got to Woji, they saw an opportunity to swerve in front of her. 

“She stepped on the brakes as they got in front of her, and they proceeded to alight the tricycle and board her car. They bundled her into the back of her car as one of them took the wheels and zoomed off, but the victim did not stop fighting them off. 

“She continued to struggle, attempting to open the back door. Her struggles yielded success when she managed to open the door and stuck her leg out. The gang member charged with securing her pulled her back, but she had already drawn considerable attention from onlookers. Some commercial Keke drivers noticed the commotion as the vehicle passed them and gave chase.

“The gang noticed they were being followed, abandoned the victim and the car, and took to their heels. In the confusion that ensued, the gang leader, Chinomso Emmanuel’s phone, fell out of his pocket into the victim’s car. The phone was then used to make arrests of the gang leader and other members of the gang”.

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The statement said the police recovered from the gang  one machete and two daggers adding that the police were making efforts to recover the locally made gun in possession of a member of the gang at large.

Rivers Commissioner of Police, CP Olatunji Rilwan Disu,  commended the swift and effective action taken by the officers to apprehend the criminals and noted that the operation underscores the unwavering dedication and commitment of law enforcement personnel to preserving peace and security in Rivers communities.

He also urged the public to remain vigilant and collaborate with the police in the ongoing efforts to combat crimes and criminality in the State.

On how The gang was formed, the statement said: “The gang has confessed that they started out with petty crimes and have now amassed weaponry to advance to kidnapping and car snatching. Their area of operation was the Ikwerre Road axis of Port Harcourt, spanning Mile 3 to Rumuokoro.

“The formation of the gang began within the walls of the Port Harcourt Maximum Security Correctional Facility, where members of the gang had been remanded for various crimes. 

“The convener of the gang, Chinonso Emmanuel, 37, a native of Udi Local Government Area of Enugu State, is a father of three and had been imprisoned on charges of attempted murder. He was in prison from February 2016 to November 2023, and in that time, he rose to prominence in the penitentiary and became a ‘korofo’, i.e. a hostel leader in prison. He used his influence to assemble a group of men who would serve a purpose outside the walls.

“According to one of the arrested gang members, Onyemachi Samuel, 33, detained for cultism, Chinonso used his position to bring favors to those he had plans for. He spoke of a time when he had a skin infection and was stranded in prison, and Chinonso approached him and offered help, giving him a bar of medicated soap to deal with his malady. 

“That, he said, made him feel indebted to him. When he was released in December 2023, Chinonso, who had been released a month before, reached out to him. He also told the story of another gang member, Emeka.

“Emeka had been sent to solitary confinement for bad behavior within the prison. While he was there, Chinonso offered him membership of the gang, and in exchange, he began sharing his rations with him.

“Another member of the gang in Police custody, Prince Dengo, 27, was imprisoned for gravely injuring a person in a street fight and was released on the 12th of December, 2023. Shortly after his release, he was approached by Chinonso around Rumuokoro, where he had begun working as a park lout (Agbero).

“Chinonso was released from prison custody on the 3rd of November, 2023, and immediately hatched his plan. Upon his release from Prison in November 2023, he began to actualise his plot to unleash mayhem. Under the guise of being a mechanic in Rumuokoro, he began reconnecting with the ex-offenders he had met in prison. 

“The first person he connected with was Emeka, who had been released a few months earlier. He also scouted for recently released ex-offenders. With them, he put together a gang that appeared to be growing in mettle until the Rivers State Police Command quashed them”.

Aggrieved women have protested the lack of power supply in the Mile 2 and Mile 3 areas of Port Harcourt, Rivers State. 

They lamented that their husbands no longer make love to them because of heat.

“Our husbands are no longer touching us because of heat,” they said.

The angry women stormed the office of the Port Harcourt Electricity Distribution Company (PHEDC) on Tuesday morning to ventilate their grievances.

One of them, Mrs. Charity, said: “We are here to tell PHEDC that we don’t have light in mile 3 area; Ojuoto, Dim and Wokoma streets.  

“We always pay our bills but we don’t see light. They don’t even flash it. We want them to also know that we are not paying bills this month because there hasn’t been light.

“It is affecting us. We can no longer preserve our food and our husbands no longer make love to us because of heat. We can’t charge our phones because it is candles that we now use”.

The protesters, who carried placards, were said to have marched on the streets of Dim, Wokoma, Wokoma lane, Obaziolu, Dim lane, Egbuagu, Azikiwe, Ojoto chanting songs in solidarity.

Read Also: Rivers court extends order barring police from arresting Ehie

Some of the inscriptions on their placards were: “No light, no bill”;  “Dim street no light”; “No light, no payment”; “The heat is too much”.

They said the lack of electricity has brought untold hardship on them, accusing PHED of supplying darkness instead of light.

The women said the development affected their businesses as they were posting losses.

The protesters also complained that they could no longer preserve their cooked food, adding that despite their compliance to payment of bills, PHEDC failed to supply electricity.

The 6 Division of the Nigerian Army has taken over a massive illegal refinery camp with the capacity to refine five million litres of stolen crude oil in Rivers State.

The troops of the division raided the camp located along the Mirinwanyi channel of the Imo-Rivers at the Komkom area of Oyigbo local government area of the state.

It was found that about five million litres of crude oil had already been stolen to be refined in the camp before the troops of the division raided the area.

The General Officer Commanding (GOC), 6 Division, Maj.-Gen. Jamal Abdussalam and officers of the division went to the far-flung creek on speedboats on Wednesday to assess the camp.

The visit showed that the operators carefully set up the camp with 15 boilers, nine storage tanks, newly acquired pipes, makeshift houses, and other expensive facilities worth millions of naira.

It was observed that the camp sitting on an expansive forest had been engulfed by fire, which destroyed all the green vegetation in the area.

On their way to the camp, the troops also found about five big wooden Cotonou boats laden with crude oil along the waterways.

Abdusalam, who painstakingly toured the entire camp, described his findings as sad saying the division would not relent in its determination to destroy all illegal refineries and illegal connections in its area of responsibility.

He said after their last raid of an illegal refinery at Odagwa in Etche local government, he thought that no other one would be bigger until the troops carried out the latest raid.

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Abdusalam said: “This is in continuation of our operations to destroy all illegal refineries, and illegal connections in our area of responsibility. Based on credible intelligence, this morning, our troops raided this location.

“I thought we would not see anything more than the raid we carried out at Odagwa, unfortunately, we are seeing very sad illegal activities taking place in this area.

“We have discovered over 15 boilers and about nine reservoirs. From our estimation, the crude oil that had been stolen and reserved here for processing is over 5 million litres.

“On our way, we saw large Cotonou boats capable of taking 200 litres. We saw more than five on our way filled with crude oil. It is indeed very sad that these activities continued. We will not get tired. We will continue with our job.”

He said though the operators fled the area, the division was following some leads to arrest the real culprits behind the sabotage.

He said: “No arrest has been made. I said it before that most of the arrests were labourers working on the site. We have not been able to get real culprits. We can see the facilities here. It is not something that ordinary people can set up. It needs money, expertise, and careful planning.

“So it is beyond the people we arrest. We are following several leads and we are hoping that those leads will take us to those, who are actually responsible. This activity is illegal, criminal, and dirty. We call on people to embrace legitimate businesses.”

Rivers state has been thrown into jubilation following the killing of a notorious pirate, popularly called John Togo the Second, who has been terrorising major waterways in the state.

The State Commissioner of Police, CP. Olatunji Disu, who confirmed the development in Port Harcourt, described the late Togo as the Anchor Head of Icelamd Confraternity.

He said Togo orchestrated a reign of terror, caused fear, devastation and engaged in high profile kidnapping, arms trafficking and illegal oil bunkering.

He said John Togo was a significant threat to coastal communities in Rivers State, particularly along Bonny-Port Harcourt, Okrika, and Andoni waterways.

He operated illegal oil bunkering camps, engaged in arms trafficking, and was responsible for numerous heinous acts such as ambushes, murders, and robberies.

He said: “John Togo’s criminal career began in the Borikiri area of Port Harcourt, where he initially engaged in cult-related activities. Gradually, he graduated from petty crimes and evolved into a full-fledged kidnapper and sea pirate, assembling a gang of ruthless criminals along the way. 

“Adopting the alias of ex-militant John Togo, who had been killed in July 2011, he and his gang gained notoriety in 2021 due to their involvement in a series of sea piracy and kidnappings, which ignited the #EndSeaPiracy protests and campaigns that reverberated throughout Bonny Island in January 2021”.

He recalled that one of the most brazen acts committed by John Togo was the ambush and subsequent murder of four members of a sister security Agency on the 1st of November 2023 along the Bakana River in Degema Local Government Area. 

Disu said: “Notably, he was planning to ambush security personnel patrolling the Bille-Degema-Okrika waterways with speedboats to seize their weapons before he was neutralized. 

“Throughout his criminal career, John Togo engaged in numerous shootouts with the Marine Police, Nigerian Army, and NSCDC, displaying his utter disregard for law enforcement and public safety. 

“In one such encounter on the 17th of July 2023, Togo engaged security forces in a shootout, compelling them to abandon their gunboat. Despite previous encounters with security forces, John Togo continued to elude capture. He targeted commercial boats, mercilessly killing drivers and throwing passengers into the sea as he stole the vessels”.

On the intelligence that led to his killing, Disu said: “The turning point came when John Togo abducted Precious George, the Youth Leader of Ibifara Polo, on the 30th of May 2023. After holding George captive for twelve days and receiving a ransom of 2.5 million Naira, Togo’s face was unveiled, setting the police on his trail.

“Acting on credible intelligence, the Rivers State Police Command, in collaboration with the C4i intelligence unit and the Borikiri Police Division, launched an operation to apprehend Togo and his gang. 

“Cornered and outnumbered, Togo and his accomplices engaged in a firefight, resulting in Togo’s death and the recovery of his body. The neutralization of John Togo, the merciless sea pirate, underscores the commitment of the Rivers State Police Command to protect lives and properties. 

“We assure the public that we will continue to work tirelessly to rid Rivers State of criminal elements. This successful operation sends a clear message that lawlessness and impunity will not be tolerated.

“We extend our gratitude to all the officers involved in this operation for their bravery and professionalism. Our condolences go out to the families and loved ones of the victims who suffered at the hands of John Togo.

“The Rivers State Police Command will maintain close collaboration with other security agencies and stakeholders to ensure a safe and secure environment for all. Together, we will prevail against criminal elements and build a peaceful and prosperous society.”

Disu also confirmed that the command successfully rescued three victims, who were kidnapped from their residence in Omuoluta, Igwuruta-Ali. 

He said the swift response of the officers to a distress call led to the safe recovery of Blessing Egbuna and her two daughters, Sonia and Chinaza.

He said: “On the early morning of Sunday, January 28, 2024, our attention was drawn to the abduction of the victims by six armed and masked individuals. 

“The incident occurred as they were about to enter their home after returning from work at their provision shop. An eyewitness provided crucial information to the Police, reporting the armed nature of the perpetrators.

Read Also: Rivers Assembly faults Fubara’s appointments, accuses governor of violating Constitution

“Without delay, our dedicated officers mobilized and executed a well-coordinated operation to rescue the victims. Upon encountering the kidnappers, our officers were met with gunfire, but their unwavering commitment and bravery compelled the suspects to abandon the victims and flee the scene.

“We express our gratitude to the courageous member of the community who promptly alerted the police to the incident. The successful rescue operation serves as a testament to the indispensable role that community cooperation plays in our collective efforts to combat kidnapping in Rivers State.

“The rescued victims, Blessing Egbuna, Sonia, and Chinaza, have conveyed their profound appreciation and prayers to the police officers involved in their rescue. Their reunion with their family is a heartening outcome, underscoring the effectiveness of our ongoing commitment to upholding justice.”