Ahiakwo: Police Must Adhere To All Judicial Directives In Ongoing Rivers Situation

Ahiakwo: Police Must Adhere To All Judicial Directives In Ongoing Rivers SituationJustice Osai Ahiakwo, a lawyer and public issues analyst, has stated that the Nigeria Police Force cannot selectively choose which court orders to follow. He made this assertion in a media statement issued in Calabar on Friday night, following the police’s occupation of the Rivers State Independent Electoral Commission (RSIEC) offices in an attempt to halt the local government elections scheduled for Saturday, October 5, 2024.....KINDLY READ THE FULL STORY HERE▶

There are conflicting court orders regarding the elections: while the Rivers State High Court has directed the RSIEC to proceed with the local government elections, a federal high court in Abuja has issued a counter order. The Rivers State government has since appealed the federal court’s decision at the appellate court.

In an effort to prevent the election, Inspector General of Police Mr. Egbetokun ordered his officers to adhere only to the federal high court ruling, effectively stopping the elections. In response, Rivers State Governor Sir Sim Fubara urged citizens to remove police operatives, insisting that the local government elections must take place.

Justice Ahiakwo remarked that, given the appeal of the matter, all parties involved should maintain the status quo. He stressed that it is the police’s constitutional duty to prevent any breakdown of law and order, particularly since the Rivers State High Court, which has coordinate jurisdiction with the Federal High Court, has also ordered the electoral body to proceed with the elections.

He stated, “There’s no executory order from the Federal High Court compelling the Nigeria Police Force or any other security agencies, including the DSS, to halt the conduct of the October 5, 2024 Local Government Elections in Rivers State. The Police, established by Section 214 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), cannot choose which court orders to obey.”

Ahiakwo emphasized that the police must ensure the safety of lives and property, regardless of the interests of the parties involved in the legal dispute. He added that during this critical period, with the federal court’s ruling under appeal and a Notice of Motion for Stay of Execution filed, maintaining the status quo is essential.

He pointed out that Sections 215(3) and 215(4) of the 1999 Constitution empower both the President of Nigeria and the Executive Governor of Rivers State to direct law enforcement in maintaining public safety and order.

Ahiakwo warned that if the police fail to fulfill their duty of safeguarding the state during the election period and any violations of the law occur, those responsible must be held accountable. He advised the police to seek legal guidance in complex situations such as the one currently unfolding in Rivers State.

He maintained that “The police cannot choose to obey the Federal High Court’s order while disregarding another from the Rivers State High Court. Given the conflicting orders from courts of coordinate jurisdiction, the police should seek legal opinions before determining which order to follow.”

He concluded by stating that all court orders are binding until overturned by an appellate court, and that parties cannot unilaterally ignore or disobey a court order. If a party believes an order is invalid or unlawful, they should seek redress in the Court of Appeal rather than simply disregarding it.

For more information on this article and other related posts from Bushradiogist, please join our WhatsApp channel by clicking this link https://whatsapp.com/channel/0029VaUumOODTkK7AZL1Fw3o. For advertisement inquiries only, kindly send a message to 090 1907 0863 on WhatsApp.

Stay connected via Google News

Follow us for the latest travel updates and guides.