There is tension in the polity as Rivers State holds local council elections today, where the camps of Governor Siminalayi Fubara, and Federal Capital Territory, FCT, Abuja, Minister, Chief Nyesom Wike, are locked in a fight to finish in the battle for the control of political structure at the grassroots.

As at press time, how the exercise will pan out in Rivers was difficult to tell following confusing, and conflicting signals from many quarters. For instance, while the National Working Committee, NWC, of the Peoples Democratic, PDP, is in support and wants its members to take part in the election, its Rivers State chapter, which is loyal to Wike, urged residents and party members to shun the exercise.

The Police, citing court orders, have said they would not provide security services in Rivers and urged other security agencies to do the same.

However, Governor Fubara who accused the Police of bias, said the election would be held with the Rivers State Independent Electoral Commission, RSIEC, saying regardless of the court order, it would go ahead with the conduct of the exercise.

This was as the Action Peoples Party, APP, disowned a factional group claiming to be the party?s authentic leadership in Rivers, and backed RSIEC?s decision to go ahead with the poll.

The four council polls that will be held today, are part of ongoing push by states to ensure democratically-elected councils on the heels of the recent Supreme Court ruling halting federal allocation to councils without elected officials, and the agreement of Presidency and governors to do so within 90 days of the judgment.

No going back on poll, IGP?s biased ? Fubara

Insisting on holding today?s LGA poll, Governor Fubara accused the Inspector General of Police, Kayode Egbetokun, and the entire Nigeria Police Force of serving the interest of an Abuja-based politician to scuttle the election. Governor Fubara made the accusation during a World Press Conference held at Government House in Port Harcourt, yesterday.

The Governor said the already scheduled Local Government election, barely hours away, cannot be stopped or truncated because a particular person does not want it conducted. He said that everything that needed to be done about the electoral process legally, security wise and logistically, including the voters, have been finalised and voters sentisitised because of their high confidence levels.

Governor Fubara said even the police have been informed, and are expected to discharge their statutory professional security duties, particularly because the court also directed so in its judgment on the election. He regretted that rather, the police had become hired agents sent to attack the headquarters of Rivers State Independent Electoral Commission, RSIEC, and tried to cart away sensitive materials.

His words: ?In the early hours of this morning (Friday), I got a security report that the Rivers State Independent Electoral Commission office has been invaded by the Nigerian Police. I was really surprised because before that time, I got a copy of a signal withdrawing the police officers that were guarding the premises. So, I had to drive to the place myself since the facility belongs to Rivers State Government.

?Getting to the scene, and to the shock of everyone who accompanied me there, I saw some fierce looking policemen in one truck and three other empty Hilux vans trying to force their way into the premises. I had to stop them. In the process, we discovered that that movement (operation), was a deliberate attempt by the Nigerian Police Force, both the Rivers State Command and the Headquarters (Abuja), to steal the electoral materials. But by the special grace of God, that act was foiled.?

Governor Fubara questioned how so low the Nigeria Police stooped, allowing their officers to engage in such illegal acts that clearly suggested that they had become enemies of Rivers State.

Otherwise, the governor wondered why the Nigeria Police will attempt to take over control of RSIEC or be used to stop a democratic process that is ongoing, which will lead to the emergence of elected political leadership at the local government councils.

Fubara?s critical questions

Governor Fubara continued: ?Here are the questions: first, the Rivers State Independent Electoral Commission, is it not an agency, and a process that is being controlled by the State Government? Is it not a system that is governed by the law of the State? Why is Rivers State?s case different?

?The second part of it is: what is the special thing about this issue of taking over the premises by the Police? If we should go by their claim that they had a court order, the court ruling said, don?t give RSIEC voters register, don?t give RSIEC police protection. Did the judgment say they should seal the premises? Or don?t allow them conduct election?

Conflicting court judgment

?However, the Rivers State Government and RSIEC itself also had a judgment that state clearly: conduct the election with the voters register of 2023; and police, DSS, Nigeria Army and other sister agencies should provide security. I might not be a lawyer, but I understand clearly that when it comes to the issue of judgment, there is something they call first- in-time.?

Governor Fubara asked if there was any other court that is bigger than the Supreme Court of Nigeria, whose judgment concerning a proper constitution of elected Local Government Councils is being obeyed in Rivers State.

The Governor stated that among all the security agencies, the Nigeria Police was the only one acting so strangely and have become a threat to the nation?s democracy.

He stated: ?Why are they looking for a way to stampede this state? The Supreme Court gave a judgment that all local government activities must be conducted by elected officers. The President of the Federal Republic of Nigeria, in agreement with State Governors, directed a compliance to this judgment within 90 days with effect from the judgment date.

?And all other states are conducting elections to ensure that they comply with the directive, not just the Supreme Court ruling but also going by the understanding that we have with Mr. President. What Rivers State is also doing is not different from others. And the big question is: is any other court bigger than the Supreme Court??

Governor Fubara also made reference to the incident that happened in Nigeria about the botched general election of June 12, 1993, wherein the Supreme Court ruled that when it comes to the issue of election, no court should stop the process.

?Is it not better?, the Governor said, ?If you feel aggrieved, and don?t want to participate in the election that you should go to court? Why do you want to stop the process of election, to create problem, and anarchy in the state? We are already complaining of suffering, people are hungry, and you want to stampede the local government civil servants in the state.?

Governor Fubara assured Nigerians, and particularly peace- loving people of Rivers State that the election will go on, and nothing will stop it because everything required has been put in place.

Hold IGP responsible for any security breach in Rivers

The Governor said: ?On the issue of security, if the police feel they don?t want to be part of the election, they should withdraw. I am saying this here so that the Inspector General of Police will be aware, and also know that any act against the peace of this state, anything that will bring a situation of lawlessness in this state, if it happens, I think at the end of the day, he should be prepared to take responsibility.

?Why is the case of Rivers State different? Why is the law or Constitution of the Federal Republic of Nigeria interpreted in a different way when it comes Rivers State??

Governor Fubara emphasised that the local government election today is sacrosanct, and demanded everybody to join hands together to make sure that it is peaceful so that there will be winners who will eventually be sworn-in to pilot the affairs of the councils.

?I just want you to know that we are prepared. Once in the lifetime of every man, you need to stand on the side of truth, and even if it will take your life, history will not forget you,? he added.

On the court ruling backing the election, Governor Fubara said the Rivers State Government sent a copy of the judgment of court mandating that the election should hold to the National Security Adviser (NSA), Inspector General of Police (IGP), Director, Directorate of State Security (DSS), and other security agencies, which he believed had been communicated to Mr President.

He continued: ?On the aspect of the Police withdrawing their services, I don?t think police (are) supposed to be part of the election process. What police should do is to protect lives and property, ensure that nobody comes to cause a fight or burn people?s property. In fact, police don?t need to be close to the polling units or the voting centres. What is important is for them to ensure that the lives of the people of Rivers State are protected, and their properties are protected.

?On the issue of the election, I don?t think if they withdraw their services, it is going to mar the process. Not at all! So, if the police are not providing (security), I strongly believe that some other agencies will provide security for the election.?

Police to boycott LG poll ? Spokesperson

Meanwhile, the Rivers State Police Command has announced that it will boycott the electioneering. SP Grace Iringe-Koko, the command?s spokesperson, told journalists in Port Harcourt, yesterday that the decision followed an order from the Federal High Court, and confirmed that the command had begun withdrawing its officers from election duties.

?The court order bars the police from allowing, participating in, providing security for, or taking part in the local government council elections. Therefore, all area commanders, divisional police officers, and tactical commanders have been instructed to fully comply with the Federal High Court?s judgement,? she stated. She further urged other security agencies to observe the court?s ruling

Iringe-Koko advised anyone aggrieved by the police withdrawal to seek legal redress before the election, and assured that police officers would remain alert for ?potential disturbances,? even though they would not directly participate in the election.

The Federal High Court had, on September 30, barred the Independent National Electoral Commission, INEC from releasing the Voters Register to the RSIEC.

The court cited RSIEC?s non-compliance with its 2018 law regarding the voters register as reason for the court?s decision to halt the elections. It further prohibited the police and the State Security Service (DSS) from engaging in the elections.

We?re ready for poll? RSIEC

Despite the court ruling, RSIEC remains determined to proceed with the elections. RSIEC Chairman, Justice Adolphus Enebeli, retd. referenced a ruling by the State High Court mandating the commission to continue the election. Addressing the legal dispute, the Lawyers in Defence of Democracy and Human Rights argued that the Federal High Court did not have the jurisdiction to prevent RSIEC from conducting the LG poll.

Okere Nnamdi, the group?s convener, clarified that the court was not a court of general jurisdiction but rather a court of special jurisdiction. He explained, ?The court?s jurisdiction is outlined in Section 2(51), Subsection 1(Q) (R) of the 1999 Constitution. RSIEC is not a Federal Government agency but an agency of the Rivers State Government. Therefore, the Federal High Court cannot issue an injunctive order to stop RSIEC from conducting local government elections?.

Nnamdi also pointed out that RSIEC had a constitutional role to conduct local government elections, as empowered by Paragraph 4, Part 2 of the Third Schedule of the 1999 Constitution.

He emphasised that the States Independent Electoral Commission (SIECs) are autonomous bodies established by Section 197 of the 1999 Constitution, under the authority of the state governments.

?It is only the Rivers State High Court that can restrain RSIEC from conducting local government elections,? he insisted.

Maintain law, order in Rivers, Falana writes IG

However, Human Rights Lawyer, Mr. Femi Falana, SAN, has written the Police IG, urging him to maintain law and order during the October 5 election in Rivers. In a letter addressed to the Inspector-General of Police, Falana stated that the APC has filed an appeal against the Federal High Court judgment barring it from participating in the election.

Falana argued that since a notice of appeal and motion for stay of execution have been filed, parties should not take steps that may frustrate the hearing of the motion.

The lawyer cited the Supreme Court?s decision in Mobil Oil Nig. Limited v Assan (1995), which held that parties are not permitted to take steps that may frustrate the hearing of a motion for stay of execution.

Falana also referenced a Rivers State High Court judgment in Suit No: PHC/2696/CS/2024, which directed the Rivers State Independent Electoral Commission to conduct the election in accordance with the Supreme Court?s judgment. The APC expressed concerns over possible violence and destruction of electoral materials, urging the police to ensure public safety.

The letter reads in part: ?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.? The APC?s appeal and motion for stay of execution are pending before the court.

National PDP backs poll, Rivers chapter disagrees

The national headquarters of the PDP and its Rivers chapter took a different stand and issued conflicting directives, yesterday. While the NWC charged supporters, Rivers people to participate in the election and warned the Police against derailing democracy, the Rivers PDP urged people to shun the election. The PDP NWC charged the people of Rivers State to assert their sovereignty and constitutional right by coming out en masse to vote in the election across the state.

National Publicity Secretary of the PDP, Hon. Debo Ologunagba said this in a statement.

The NWC position is in sharp contrast with the position taken by some of the party members in Rivers State to boycott the polls. Ologunagba said, ?The PDP insists that the right to civil control of democratic activities in Rivers State as a federating unit belongs to the generality of the people of the state and such right, including participation in Local Government Area election cannot be abridged or appropriated by any person, group or organization under any guise whatsoever.

?The Party maintains that the people of Rivers State are ready for election; the Rivers State Independent Electoral Commission had also announced its readiness, preparedness and possession of necessary operational materials to conduct the election in line with the pronouncement of the Supreme Court and no court under the Electoral Act 2022 (as amended) has power to stop elections. ?For avoidance of doubt, Section 84(15) of the Electoral Act, 2022 provides that ?Nothing in this section shall empower the courts to stop the holding of primaries or general elections, under the Act pending the determination of a suit?.

?The PDP in very strong term condemns the attempt by the APC-controlled Police to abridge, subvert and frustrate the smooth conduct of the Rivers State Local Government Area election against the will of the people, the pronouncement of the Supreme Court, the express provisions of the Electoral Act, 2022 (as amended) and the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

?The reported invasion of RSIEC facilities by Police operatives allegedly to frustrate the conduct of the election is a direct affront to our democracy and the Rule of Law; an attempt which was firmly resisted by the people of Rivers State who are resolute to express their Will at the poll.?

The PDP Spokesman further said: ?The Police and the APC should note that the people of Rivers State are peace-loving and law-abiding but will never allow anybody by whatever means to stifle, abridge, appropriate or subvert their Will especially in choosing who governs them, particularly at the Local Government level.

?The PDP calls on Nigerians and the International Community to hold the APC and the Inspector General of Police responsible should there be any breakdown of Law and Order in Rivers State at this time. The Inspector General of Police should note that he is duty bound under the Constitution to provide the enabling and secure environment for the smooth conduct of the Rivers State Local Government Area election irrespective of where he stands as an individual.?

Contrary directive

Urging party members and Rivers people to shun the election, Rivers State PDP Chairman Chukwuemeka Aaron, said nobody should participate in or allow the conduct of any local government election that is in defiance to court judgment.

Aaron said: ?The PDP, having reviewed all the cases relating to the local government elections, concludes as follows: We cannot support or promote lawlessness, or impunity in any form whatsoever even though we are the ruling party in Rivers State.

?The proper court judgment must be obeyed as we cannot choose which order of the court to obey and not to obey. We, therefore call on the Rivers State Governor who incidentally is a member of our great party, the PDP, to obey and comply wholly and strictly with the judgment of the Federal High Court in line with our character and ethics of our party, the PDP and suspend the planned October 5 Local Government elections in Rivers State.?

Aaron thanked the Independent National Electoral Commission for complying with the court?s judgment, saying INEC had clarified that it did not release the Voters Register to the Rivers State Independent Electoral Commission, a critical requirement for the election.

He commended the Nigerian Police for standing by the Federal High Court judgment, cautioning that announcing election results despite the suspension would be considered an invitation to violence.

?We also call on our members and indeed the law-abiding residents of Rivers State to defend the rule of law by ensuring full compliance with the judgment from the Federal High Court.?

APP backs RSIEC, disowns factional group in Rivers

Supporting conduct of the election, the Action Peoples Party, APP, disowned a factional group in Rivers State that claims to be the party?s authentic leadership in the state.

In a statement in Abuja, yesterday, the party?s National Chairman, Chief Uche Nnadi, referred to the group as mere impostors who have never been party officials and called on the Inspector General of Police, IGP to arrest and prosecute them.

The party said it recognised Chief Sunny Nwokekoro as the Rivers State Chairman of the party, who replaced Hon Kenneth Atata, the former chairman, supports the decision of the RSIEC to proceed with the conduct of the election. (Adapted from a Saturday Vanguard report)

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