Rivers rerun: Wike moves to stop police investigation

GOVERNOR Nyesom Wike of Rivers State has asked Justice Kolawole of a Federal High Court in Abuja 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 rerun elections in Rivers state.

In a motion exparte argued on Monday through his counsel, Chief Mike Ozekhome (SAN), the governor urged the court for 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, or their agents 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 policeofficers), 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, why arguing the motion yesterday, 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.

Harrison Obi, of Chief Mike Ozekhome’s chambers, who deposed to the affidavit, said the actions of the security personnel were caught on video and presented to Nigerians and the whole world by various reputable television stations.

He 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 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.

Ozekhome told Justice Kolawole that the terms of reference of the panel of investigation setup by the Police clearly suggest that the goal of the intended investigation is already predetermined and biased or likely to be biased against Wike, having regard to the numerous conclusions already reached in the said letter.

Ozekhome said the intention of the Police is to produce a predetermined damning report against Wike through the medium of the Commission of Inquiry, adding that, “the defendants are working from the answer to the question with the predetermined objective of convicting the second plaintiffs (Wike).”

With conclusions already drawn and reached by the police, without hearing from Wike, he said the police boss has already “convicted” the governor unheard and is merely using the alleged investigation as a smokescreen and rubber stamp to give credence to the governor’s (second plaintiff) guilt.

He therefore urged the court to set aside the content of the letter by the IGP and that the Police should await the outcome of the committee of inquiry already set up by Wike.

In his ruling on the motion exparte, Justice Kolawole said some constitutional issues regarding the powers of an executive governor of a state were raised in the motion.

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.