Rivers re-run: Court fixes May 2 for judgment in Wike’s suit against Police boss, SSS, others

Justice Kolawole of a Federal High Court in Abuja on Friday fixed May 2, 2017 to deliver judement in a suit filed by Governor Nyesom Wike of Rivers State seeking to stop the Inspector General of Police (IGP), Ibrahim Idris from investigating the complaints, allegations, petitions of crimes and various acts of criminality during the December 10, 2016 re-run elections in Rivers state.

The Judge fixed the date yesterday after parties in the matter adopted their written address and oral submissions.

While adopting his briefs and tendered video clips of Channels Television reports on the re-run election before the court as exhibits, Chief Mike Ozekhome (SAN) representing governor Wike and the Rivers State Government, who are the plaintiffs in the suit, told the court that security personnel deployed to Rivers state for the purpose of the election did not carry out their duties the way it should be.

He said the Independent National Electoral Commission (INEC) indicted security agencies, especially the Police in their report on the election, adding that the plaintiffs have raised ten issues for the determination of the court.

He said the pivot of the case is that the defendants cannot set up a special panel of investigation, notwithstanding the Police power under Section 4 of the Police Act and Section 214 of the constitution.

Ozekhome said the Police investigation is, ‘”specifically targeted at the 1st and 2nd plaintiffs, with a pr-mediated design, contrite and bias to rubbish the plaintiffs after they (defendants)have already made up their mind to rubbish them”.

In a counter affidavit to the plaintiffs’ originating summon, council to the Police and the Department of State Services (DSS), who are defendants, Femi Falana (SAN) said the commission of inquiry set up by the state government cannot investigate criminal offences, except the police.

“We have shown in our address that no citizen of the country will go to the court, praying the court to stop investigation of criminal offences, as that will amount to conferring permanent immunity on criminal suspects”, Falana told the court.

He said no evidence placed before the court by the plaintiffs to show that their rights have been violated, saying that the policemen indicted in the crisis have been dismissed and will be prosecuted.

Falana argued that the Inspector General of Police cannot be challenged if he needs to investigate the criminal offences that took place during the December 10 re-run elections in Rivers state, adding that, “Wike has no power to investigate the horrendous criminal offence that took place”.

He then urged the court to dismiss the suit which he said is dangerous and capable of destroying the rule of law in the country.

Earlier, Ozekhome withdrew Wike’s motion exparte seeking an order of interim injunction restraining the IGP,  the, State Security Services (SSS) and a Deputy Commissioner of Police, Damian Okoro, who are defendants in the motion from enforcing or executing the matters contained in the letter written to governor Wike by the Police boss on December 20, 2016.

The IGP in the said letter titled, “Investigation into allegations of crimes committed during the last rerun elections in Rivers state”, stated that 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 also requested the governor to furnish the Police investigative team with all necessary information and exhibits that may assist the team in the investigation.

Ozekhome, while arguing the motion, told Justice Kolawole that the action of the Police to constitute a panel to investigate the crisis that trailed the rerun elections in Rivers state was illegal, unlawful, unconstitutional and null and void.

He said it will be in the interest of justice for the court to set aside the IGP’s letter to governor Wike and direct the Police boss to await the outcome of the commission of inquiry set up by the governor.

An affidavit in support of the motion exparte averred that security personnel, mainly the Police and the Army orchestrated the violence that rocked the just concluded rerun election in Rivers state.

The affidavit averred that after the election, governor Wike set up a commission of inquiry to look into the immediate and remote causes of the evidence that trailed the conduct of the elections, with a view to avoiding similar occurrence in subsequent elections and punishing the perpetrators of the act.

The commission of inquiry, he said was set up under the Commission of Inquiry Law, Cap 30, Laws of Rivers State, which only governor Wike, as the Chief Security Officer of the state is legally empowered to constitute.

The Judge turned down Wike’s request seeking to set aside the letter of the IGP to governor Wilke and instead, ordered that the defendants, comprising of the IGP, the SSS and a deputy commissioner of Police, Damian Okoro to appear before him on January 30, 2017 to show cause why the relief sought by the plaintiffs in their motion exparte should not be granted.

Justice Kolawole, having listened to the submissions of parties in the matter and adoption of their written and oral submissions, adjourned till May 2, 2017 for judgment.