A lawyer and public issues analyst, Justice Osai Ahiakwo has said
that the Nigeria Police Force cannot select which court orders to obey.
He disclosed this
Friday night in a media statement released in Calabar following police
occupation of the Rivers State Independent Electoral Commission, RSIEC, offices
in a bid to stop the conduct of local government elections today, Saturday,
October 5, 2024.
There have been
different court orders from the Rivers State high court directing the RSIEC to
proceed with today’s local government elections, while a federal high court in
Abuja has given a counter order.
The Rivers State government has appealed against the federal high
court order at the appellate court.
In an attempt to
prevent the conduct of the election, the Inspector General of Police, Mr
Egbetokun gave his men orders to obey only the federal high court and stop the
election.
Reacting, the
state governor, Sir Sim Fubara moved Rivers people to dislodge the police
operatives, vowing that the local government elections must hold.
Justice Ahiakwo
said following the appeal of the matter, the parties involved should maintain
status quo.
He emphasized that
irrespective of the differing court orders, it is the constitutional duty of
the police to prevent the breakdown of law and order, especially when the
Rivers State High Court enjoying coordinate jurisdiction with the Federal High
Court has equally ordered that the state electoral body should proceed with the
conduct of the election.
He said, “There’s
no executory order by the Federal High Court compelling the Nigeria Police
Force or even any other security agencies, including the DSS to stop the
conduct of the 5th October, 2024 Local Government Areas Election in Rivers
State.
“Being established
by the provision of Section 214 of the 1999 Constitution of the Federal
Republic of Nigeria (as amended), the Police is not to select which order of
court to obey and not to obey.
“The Police must
ensure that the safety of lives and properties are guaranteed regardless of the
interest of the parties involved in the case.
“In this very
crucial moment when the judgement of the Federal High Court has been appealed
against by the defendants, and a Notice of Motion for Stay of Execution filed,
the parties must as a matter of fact maintain status quo.
“To the extent
that Section 215(3) has empowered the President of Nigeria to lawfully direct
the Inspector General of Police to act in such a manner in maintaining and
securing public safety and order.
“Section 215(4) of
the 1999 Constitution equally empowers the Executive Governor of Rivers State
to lawfully direct the Commissioner of Police to act in such a manner to bring
about safety and order in his state.”
Ahiakwo said where
the police failed to perform the duty of safeguarding the state within the
election period, and once there is any form of conduct that offends the laws of
the land, perpetrators of such acts should be brought to face the long arm of
the law.
He emphasized that
the police should seek legal advice in a dicey situation such as happening in
Rivers State.
He maintained that
“The police cannot elect to obey the Federal High court’s order against another
one from Rivers State, because there are conflicting orders from different
courts of coordinate jurisdiction, which requires the police to seek legal
opinions before deciding which order to obey or not.
“Generally, the
police are expected to obey court orders, as they are bound by the rule of
law.”
The lawyer
declared that every court order is binding on parties until set aside by an
appellate court.
“Parties cannot
unilaterally decide to ignore or disobey a court order. If a party believes
that a court order is invalid or unlawful, that party should approach the Court
of Appeal rather than simply ignoring or disobeying the order,” he added.
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