Falana Writes IGP Egbetokun, Seeks Security for Rivers State Local Government Elections

Prominent human rights lawyer, Femi Falana (SAN), has called on Nigeria’s Inspector General of Police (IGP), Kayode Egbetokun, to ensure the Rivers State Police Command upholds law and order during the upcoming local government elections scheduled for Saturday, October 5, 2024. In a formal letter to the IGP, Falana also urged the police leadership to prevent any misconduct that could disrupt the electoral process.

Falana’s letter comes in response to a recent statement from the Rivers State Police Command, which indicated its intention to fully comply with a Federal High Court ruling barring the police from participating in the election. Falana raised concerns that this stance could result in a lack of police presence, risking potential disorder during the election.

According to Falana, the situation has evolved as an appeal has been filed against the September 30, 2024, court ruling, with a motion for a stay of execution pending the appeal. Falana argued that since the legal process is still ongoing, the Rivers State Police must maintain order and not take any steps that could jeopardize the hearing of the appeal.

In his letter, Falana stressed that the police must avoid actions that could be seen as contempt of court. He referenced previous Supreme Court rulings, including Mobil Oil Nig. Ltd. v. Assan (1995), which affirmed that parties in legal disputes are not liable for contempt if they file an appeal and seek a stay of execution.

Falana emphasized that the Rivers State Governor, Siminalayi Fubara, has already directed the state’s Commissioner of Police to ensure public safety during the elections. He pointed out that under Section 215 of the Nigerian Constitution, governors have the authority to issue such directives to the police regarding maintaining public order.

Additionally, Falana noted that there have been threats from individuals aiming to disrupt the elections through violence and destruction of materials. Given these risks, he reiterated his call for the police to enforce security and ensure peaceful conduct across all parts of Rivers State on election day.

The legal backdrop to this election stems from a lawsuit filed by the All Progressives Congress (APC) in September, which sought to halt the local government polls. The party argued that the Rivers State Independent Electoral Commission (RSIEC) had not fulfilled the required conditions to conduct the elections. However, Falana, alongside other senior lawyers, challenged the jurisdiction of the Federal High Court in Abuja, contending that the case should be heard in Rivers State instead.