Tension Rises in Rivers as Governor Fubara Insists on LG Polls Amid Legal Challenges, Police Withdrawal

The battle for control of the soul of Rivers State has deteriorated and shifted to the third tier of government following the push to conduct local government elections by Governor Similayi Fubara and stiff opposition by other vested interests allegedly having the backing of the seat of power in Abuja.

While Fubara is insisting that the election slated for today over which he had declared Thursday and Friday as public holidays must hold, opposition had secured a court order restraining the Independent National Electoral Commission (INEC) from releasing voters register to the Rivers State Independent Electoral Commission (RSIEC), which culminated to the alleged invasion of the State electoral body by the police in the wee hours of  Friday and allegedly in an attempt to cart materials for the election.

This was as the State Command of the Nigeria Police led by Olatunji Disu, on Friday, declared that they were withdrawing from the elections.

Owing to the decision of the police to withdraw from the polls, the Nigerian Bar Association (NBA), berated the force for choosing to carry out an order which it stated was at variance with their constitutional duties.

But the Inspector General of Police (IGP), Kayode Egbetokun, yesterday, told Fubara that the police would not allow him burn down the state or shed blood of innocent citizens he swore to protect over what he termed political desperation. 

The national body of the Peoples Democratic Party (PDP) yesterday charged the people of Rivers State to firmly assert their sovereignty and constitutional rights by going out en masse to vote in the elections today.

The Action Peoples Party (APP) disowned a factional group that claimed to be the party’s authentic leadership in Rivers State. 

However, some elders of Rivers State loyal to the Minister of Federal Capital Territory (FCT), Nyesom Wike as well as those loyal to the governor, expressed divergent views on the matter.

Following the alleged invasion of policemen at the premises of RSIEC early hours of Friday, seeking to cart away electoral materials, Fubara has stated that he would not allow Rivers State to be pushed into state of anarchy, insisting that the election will hold today.

Fubara, who held a press conference in Government House, Port Harcourt, yesterday, insisted that the local government council election was sacrosanct.

The governor warned that since the police has declared withdrawal from the elections planned for 319 wards of the 23 LGAs today, if any breakdown of law and order should happen, the police Chiefs including the state and headquarters in Abuja should be held responsible.

Fubara accused the Inspector General of Police (IGP) and the entire Nigeria Police Force of serving the interest of an Abuja-based politician to scuttle the LG elections.

The governor explained his ordeal at the RSIEC office after he received a security alert of the planned invasion.

He said “I got a security report early this morningthat the RSIEC office has been invaded by the Nigerian Police. I was really surprised because before that time I got a copy of a signal withdrawing police officers that were guarding the premises.

“So, I had to drive to the place myself, since the facility belongs to the Rivers State government. On getting there and to the shock of everyone who escorted me there, I met the presence of some fierce-looking policemen in one truck and three other empty vans trying to force their way into the premises and I had to stop them.

 “In the course of the process, we discovered that the movement was a deliberate attempt by the Nigerian Police Force both the headquarters and the Rivers Command to steal the electoral materials.  But by the special grace of God, that act was foiled.” 

The governor explained further that, “RSIEC is a facility, it’s an agency, it is a process that is being controlled by the state government. It is a process, a system that the law of the State governs. 

“What is the special thing about this issue of taking over the RSIEC premises? If we should go by what they claim that they have a Court order, the court ruling said don’t give RSIEC voters register, don’t give RSIEC police protection. Did the judgment say seal the premises? Don’t allow them to conduct election. 

“The Rivers State Government and the RSIEC itself also had a judgment that states clearly that the election should be conducted with the voters’ register of 2023. The order also mandated the Police, DSS, Nigerian Army, and other sister agencies to provide security for the exercise. 

“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. So, what is this special interest about the Federal High Court judgment? 

“Why are they looking for a way to stampede this state? The Supreme Court gave a judgment that all local government activities must be coordinated by elected local government officers. 

“President Bola Tinubu and the state governors agreed that compliance to this judgment should be in 90 days with effect from the judgment and every other state is conducting elections to ensure that they comply with the directive of not just the Supreme Court but also the understanding that we had with Mr. President. 

“And what Rivers State is also doing is not different from that. And the question is, is any other court bigger than the Supreme Court? I don’t want to join issues with the judge because he had his reasons, but the question is, after the incident that happened in Nigeria, on June 12, 1993, the Supreme Court ruled that when it comes to the issue of election, no court should stop the process of the election”. 

He advised the detractors that, “If you feel aggrieved and you don’t want to participate in the election, you go to court. Why do you want to stop the process of election? To create problems and anarchy in the state? 

 “We are already complaining of suffering, people are hungry and you want to stampede the civil servants at the local government in the state. This morning, I want to assure Nigerians and the peace-loving people of Rivers State that we have done everything that is needed and we will ensure that this election goes ahead”. 

On the issue of security, the governor said “If the police feel they won’t be part of the election, they should withdraw. Am saying this here so that the Inspector General of Police will be aware, and to also know that any act against this will bring the situation of lawlessness in this state, and I think at the end of the day, he should be prepared to take responsibility.

“Local government is the affairs of the state government, there is no federal institution that can dictate in any form the way and manner our local government system should be operated talk less of coming to tell us that we can’t do election or otherwise. 

“So, I have gathered you this morning to inform you that any attempt by anyone or any sister agency to stop this election, we are prepared to make sure that we resist it. We will not put Rivers State in that state of anarchy where the system of local government administration will be suspended because of the protection of one person’s interest. 

“We will also make sure that after the election, the winners of the election will be sworn-in and they will commence the activities of administering the local government.

“We are not crying to the world or the international community, we want the world to know that we are prepared. Once in a lifetime of every man, you need to stand and make a decision. And even if it will take your life, history will not forget you. 

“We talk about Martin Luther King today because he stood for the truth, and if am going to be that Martin Luther King of Rivers State, so be it.”

When THISDAY visited the RSIEC to see the current situation, Fubara’s supporters occupied the entrance of the office of the state electoral umpire, insisting that elections would hold across the LGAs of the state.

A statement earlier issued by the Chief Press Secretary to the Governor, Chukwudi Nelson, alleged that the operation to invade the RSIEC was led by the Deputy Commissioner of Police (Operations), to take over the Rivers State Independent Electoral Commission (RSIEC) at about 1 am on Friday, October 4, 2024. 

According to Nelson “The rogue policemen were said to have attempted to scale through the gates and strong room of the Commission to cart away sensitive Electoral materials meant for the conduct of Saturday’s local government election in the State.

“The deployment was said to have been ordered by the Inspector-General of Police. However, the evil plots of the rogue policemen and DC Ops were botched when vigilant security officials alerted principal officers of the Commission and relevant government authorities, who immediately informed the Governor of the development.”

He restated the position that the attempt to surreptitiously withdraw policemen already deployed to protect the facility and replace them with a detachment from a neighboring State was unacceptable.

 He reminded the IGP that local government election was the internal affairs of states, and advised him to allow the federation unit to conduct its affairs without interference. 

Police Withdraw from LG Polls

The Inspector General of Police Kayode Egbetokun yesterday told the Rivers State Governor, Siminalayi Fubara that the Nigeria Police Force will not allow him burn down the state or shed blood of innocent citizens he swore to protect over political desperation. 

Tthe Inspector General of Police Kayode Egbetokun said the Force would not fold its arms and allow Fubara carry out his alleged threats of burning down the state for selfish purposes. 

A statement by Force PRO Olumuyiwa Adejobi said the Nigeria Police Force had noted with concern the recent statements made by Fubara, in which several unfounded allegations were leveled against the Office of the IGP and the Police.

He noted that in light of these claims, it became necessary to set the record straight.

According to him, “Firstly, it is important to clarify that there is a subsisting Federal High Court order barring the Nigeria Police Force from participating in the Rivers State elections. This order was duly served on both the NPF and the Rivers State Government. As a law-abiding institution, the IGP instructed the Commissioner of Police in Rivers State to strictly adhere to this court order by refraining from any direct involvement in the election process.

“However, in the evening of 3rd October 2024, The commissioner of police in Rivers State, received reports that policemen from Rivers State Government house have been deployed to the office of Rivers State Independent Electoral Commission (RIEC) to aid the conduct of the election. This report was also relayed to the Inspector General of Police who gave clearance to the Commissioner of Police to withdraw the policemen from the Government house and replace with policemen from the Command Operations department. The mandate of the men from the Operations Department, was to provide overnight security for the RIEC to prevent any attack on the facility. 

“It is also important to note that prior to this, there had been series of security breaches in the state following the spate of court orders and counter orders and reactions to them by supporters of the different political parties involved. The response of the Command to secure RIEC overnight was therefore professional and supported by the Inspector General of Police. For emphasis sake, the policemen deployed to RIEC from the operations department of Rivers State Command on the night of 3rd October, 2024 were with the sole mandate to protect the RIEC office from attack overnight”. 

This action, Adejobi further explained was proactive and responsive to intelligence at the disposal of the State Command.  

Earlier yesterday, the State Command of the Nigeria Police led by Olatunji Disu has declared that they were withdrawing from the elections fixed to hold across the 319 wards of the 23 LGAs.

A statement signed by the spokesperson of the command, SP Grace Iringe-koko, said they were obeying the Federal High Court’s judgments that ordered that the exercise be halted

Iringe-koko stated: “The Nigeria Police Force seeks to inform all law-abiding citizens and stakeholders in Rivers State about the upcoming Local Government Election, particularly in light of recent court rulings.

“On July 19, 2024, a Federal High Court in Abuja issued a restraining order preventing the Nigeria Police Force and other security agencies from providing security during the Local Government Election.

“Additionally, on September 30, 2024, the Federal High Court in Abuja delivered a judgment that again prohibited the Nigeria Police Force and other security agencies from participating in the Local Government Election.

“Given these circumstances, the Nigeria Police Force has been advised by the Force Legal Department that the ruling from the Federal High Court on September 30, 2024, takes precedence.”

The police spokesperson recalled that, “an opposition party protested, calling for adherence to the court orders and expressing their determination to prevent any disregard for the law. The Nigeria Police Force encourages all parties to seek appropriate legal redress if they feel aggrieved by any decisions or actions related to the election process”.

She said “The Nigeria Police Force is dedicated to maintaining law and order and will not stand idly by in the face of potential disturbances. Necessary actions will be taken to enforce the court’s orders. All Area Commanders, Divisional Police Officers, and Tactical Commanders have been directed to ensure full compliance with the judgment of the Federal High Court.”

The command, however, advised other sister agencies to withdraw from the polls and called on residents of the state to remain peaceful and cooperate with the position of the state police.

NBA Condemns Police Withdrawal

The Nigerian Bar Association (NBA), berated the force for choosing to carry out an order which is at variance with their constitutional duties.

The NBA stated that it noted with particular interest the statement released by Iringe-Koko, which indicated that the Rivers State Police would not provide security during toeday’s elections.

National President of the NBA, Mr. Afam Osigwe, stated: “The NBA has also read the disturbing report that some Policemen were alleged to have attempted to cart away electoral materials in the dead of the Night at the Head office of Rivers State Independent Electoral Commission, RSIEC.

“We agree with the statement issued by the Chairmen of NBA Branches as we find it deeply troubling that  the Police would brazenly state that they would shirk their constitutional responsibility of providing security in Rivers State in purported compliance with an order of the court.

“Even if a court has directed the Police not to work with the Electoral Commission on Rivers State, nothing says the Police should not provide security for peace and order of Rivers State.”

The NBA President noted that the responsibility of the police to ensure peace and security was constitutional and “cannot be restrained by any court”, adding that the Police should at all times provide security for the good people of Nigeria and should in fact “be worried if any court order purports to prevent them from discharging this responsibility”.

While stressing that the duty to secure the lives and property of the people should never be restrained by the court, Osigwe stated that the Police as much as all Nigerians should be concerned that such a statement should be issued by the Police confirming they would abdicate their duty. 

It added that “the assertion by the Rivers State Police, through the PPRO, that the Police will not provide security for the elections, if accurate, is an unfortunate abdication of responsibility and egregious violation of constitutional duties.”.

According to the NBA, the refusal to provide security was not only unconstitutional but also illegal, immoral, and a dangerous signal that invites lawlessness and undermines democracy. 

The NBA lamented the menace of conflicting judgments from the Rivers State High Court and the Federal High Court in Abuja concerning the scheduled elections. 

Go Out for LG Elections, PDP Charges Rivers People

The Peoples Democratic Party (PDP) on Friday, charged people of Rivers State to firmly assert their sovereignty and constitutional rights by coming out en masse to vote in elections across the State. 

The PDP insisted that the rights 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 LG elections cannot be abridged or appropriated by any person, group or organization under any guise whatsoever.

In a statement by the National Publicity Secretary Debo Ologunagba, the party maintained that the people of Rivers State were ready for election; RSIEC 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, stressing that no court under the Electoral Act 2022 (as amended) has power to stop elections.

According to Ologunagba, “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 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”, Ologunagba stated..

The PDP called on Nigerians and the international community to hold the APC and the IGP responsible should there be any breakdown of Law and Order in Rivers State at this time.

“Our Party salutes the courage and steadfastness of the people of Rivers State in their determination to defend their rights to participate in the process of electing their leaders.

“The PDP stands with the Government and people of Rivers in their desire to peacefully elect representatives that will democratically run the affairs of the 23 Local Government Areas of the State in line with the provisions of the Law.”, the PDP spokesman stated 

APP Disowns Factional Group

The APP on Friday, disowned a factional group that claimed to be the party’s authentic leadership in Rivers State.

In a statement in Abuja, 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 APP said that it recognised Chief Sunny Nwokekoro as State Chairman, who replaced Hon Kenneth Atata, the former chairman.

The APP further supported the decision of RSIEC to proceed with the conduct of the election, stating, “Our party’s National Working Committee endorses RSIEC’s decision to proceed with the election in obedience to Justice I.P.C. Igwe’s judgment, which mandates the Commission to conduct the election on Saturday, October 5th, 2024. Our party obtained that judgment, and we have a right to enjoy its benefits.”

 The party reiterated the call on the IGP to, “be mindful and not allow the police institution to be further ridiculed by taking partisan positions. The RSIEC is under the command of a judgment of a court of competent jurisdiction to conduct the said election, and the Police cannot interfere with that order.”

 The party, therefore, urged the IGP and other security agencies to provide adequate security and ensure the maintenance of peace, law, and order during and after the election, as ordered by the court.

The party also called on the people of Rivers State to, “come out on Saturday to vote for the candidates of their choice while urging them to vote for APP candidates as the party presented the best list of candidates for the election who can develop and carry the state to the next level.”

The APP said it was poised to win the majority of the seats in the state, as the Governor had directed his supporters to join the party and contest under its banner.

Rivers Elders Express Divergent Views

Some elders of Rivers State loyal to Wike, on Friday, warned that going ahead to conduct the local government elections after a Federal High Court had ordered that it should be halted, was a breach of law and order.

On the other hand, those loyal to the State Governor, stressed the need to go ahead with the polls.

The elders loyal to Wike, spoke under the aegis of Concerned Citizens of Rivers State. They insisted that only constitutional amendment could allow INEC to conduct the LGAs election in the state.

Speaking while briefing journalists in Port Harcourt, on Friday, a Senior Advocate of Nigeria (SAN) O.C.J. Okocha. explained that the court was right when it ordered the suspension of the election.

He explained that the orders of the Federal High Court presided by Justice Peter Lifu, had stated that INEC must not avail the RSIEC and state government of the requisite materials to conduct the elections planned to hold today (Saturday), October 5, 2024.

Okocha explained that “The court has delivered a final judgement in the said suit on September 30, 2024. The salient part of the order indicate as follows: “The first defendant (Independent National Electoral Commission INEC) who has no defence to the suit is duty bound to manage the obdative and devising of register voters in such a manner as to ensure that continuous registration and updating of a register stops not later than 90 days before the day scheduled for the conduct of local government elections in Rivers state.

“And to only release that of register of voters for Rivers state to the second defendant (RSIEC) for use in the conduct of LG election is fixed conformity and compliance with the mandatory provisions of the law.

“The first defendant (INEC) who through all its defenses in this suit is not entitled to release that part of the national register of voters containing a register of voters in Rivers State to 2nd defendant to be used for the conduct of the local government elections. Section 13 and 20 of the RSIEC law No. 2 of 2018 has not been strictly complied to.

“That the 4th and 5th defendants (Inspector General of Police and the State Security Service) are not entitled to participate in the conduct of illegal and unlawful local government elections in Rivers State, or to provide the 2nd defendant and 3rd defendant (State Independent Electoral Commission and the Attorney General of Rivers State) as representatives of the government of Rivers State with any security protection in the proposed LGAs election in Rivers state until the mandatory condition antecedents are met.

“That the 1st defendant (INEC) is herein restrained, himself, his agents etc, from releasing to the 2nd and 3rd defendants that part of the national register voters as contained in the register voters of Rivers State certified by INEC for use by the 2nd and 3rd defendants for conduct of the local government election in Rivers state, until the 2nd and 3rd defendants publish the requisite notice in conformity with positions of the law.

“The State Security Service, whether their servants or agents are hereby restrained from providing the 1st and 2nd defendants security protection in the conduct of local government election in Rivers State slated for October 5, 2024”

He however expressed surprise that despite all the orders, “people seem to be held bent on organising the elections that has been restricted to be not yet ready to be held.”

“So, we have come as concerned citizens of Rivers state to say the government of Rivers State is obliged to comply with this order as a party in the suit, so is the RSIEC and anybody who says anything to the contrary is preparing grounds that may perpetrated a breach of Law and Order, public peace in Rivers state of Nigeria,” Okocha added.

Other members of the group who spoke at the briefing were the minority leader of the House of Representatives, Kingsley Chinda, among others.

On the other hand, speaking with journalists, also on behalf of the elders, a former governor of the State, Celestine Omehia said they were happy with what Fubara had done to ensure the smooth conduct of the local government election today.

The elders appealed to security agencies to participate in the election by providing the necessary protection throughout the exercise.

Omehia emphasised that local government election was the responsibility of the State and urged all well-meaning people of Rivers State to turn out en-masse to exercise their fundamental rights as citizens.

He said “The peace of Rivers State is the peace of Nigeria and the local government is the starting point of every State. So we urge all the security agencies to come out and do all that is necessary for the peaceful conduct of the election tomorrow.”

“Election is the exercise of the fundamental rights of the people and every person in Rivers State has the right to go out and express his right. As the governor has said, the Supreme Court empowered him like any other governor in Nigeria to conduct the local government election.

“We salute the courage of the governor and thank God for who he is and what he has been doing for the people of Rivers State. We are asking that despite every other effort trying to slow down his pace, God only will give him the courage to continue.”

Chuks Okocha, Alex Enumah, Linus Aleke and Blessing Ibunge

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