Court restrains IGP from probing Rivers re-run

A federal high court, abuja has asked the inspector-general of police (igp), mr. ibrahim idris, to maintain the status quo in the investigation of violence that rocked rivers state during the re-run leg­islative election on decem­ber 10, 2016.
the court said that in the event of the igp going ahead with the probe before the is­sue of its jurisdiction on the matter was established, it still has the power to void the action.
in a brief ruling on mon­day, justice gabriel kolawole held that it was necessary to resolve the issue of jurisdic­tion of the court brought by the respondent before going into the substantive suit.
 rivers state governor, nyesom wike had filed an application to stop the po­lice from investigating ac­tivities surrounding the december 10, 2016 re-run elections in the state.
wike had asked the court in abuja to stop the igp’s probe into the various acts of violence and roles played by in­dividuals in the re-run legisla­tive elections.
however, when the case came up yesterday, counsel to the igp, mr. deji morakinya, raised preliminary objections to the application, arguing that it would amount to preventing the police from performing their constitutional and stat­utory duties if wike’s prayers were granted.
he also prayed the court for interlocutory injunction to stop wike from continuing with the suit.
the governor’s counsel, chief mike ozekhome, said that he would respond to the issues raised in the counter-af­fidavit and interlocutory at the appropriate time but urged the court to order the igp or his agents to maintain the status quo on the matter until issues raised in the originating sum­mons are resolved.
ozekhome said: “the po­lice have admitted that some actions have been taken in the matter before the court but this ought not to be. 

hence, the question is whether they should use the issue of jurisdic­tion to continue to go on with their activities when the court has not determined wheth­er it has jurisdiction or not.

 they have admitted that they have carried out actions con­cerning this matter before this court; they are saying that we are carrying out investigation and dismissed some police­men in the matter whilst they ought to stay execution so that they would not be fait accom­pli. this is my worry.”

“this is no right; other­wise it will be fait accomp­li and an affront on this court. 

they should give an undertak­ing that when arguing the mat­ter, they should stay action for now,” ozekhome prayed the court.

in a bench ruling, the tri­al judge, justice kolawole said that the police have nothing to lose if the investigation was suspended.
however, the court said that the police have the option to continue with their investi­gation or not, adding that the court has the power to declare the findings invalid at the end.
according to justice kola­wole, the issue of jurisdiction is to be resolved first before going into the substance of the mat­ter.
“the issue of jurisdiction of court is said to be sacro­sanct until otherwise proven,” he added.
“i see no injuries to be suf­fered by the defendants if asked to stay action. however, they have the option to go ahead or not but let me say that the court still has the power to declare the findings of the investigation by the police invalid, “he held.
the matter was adjourned till february 10, 2016 for argu­ments on the applications.
judicial commission of in­quiry begins sitting
meanwhile, the judicial commission of inquiry set up by governor wike to investi­gate the killings and other vi­olent acts during the elections has commenced hearing of pe­titions submitted to it.
the commission was inau­gurated on december 22, 2016 by the governor in exercise of his powers pursuant to section 2(1) of the commission of in­quiry law of rivers state (cap 30) laws of rivers state of ni­geria, 1999 and other powers enabling him in that behalf.
the chairman of the com­mission, hon. justice chin­wendu nwogu, in his inaugural speech, stated that the commis­sion is not aimed at witch-hunt­ing anybody or group of per­sons.
justice nwogu maintained that the commission would employ and adopt all-known procedures that will ensure fair­ness to all parties.
a chieftain of the peoples’ democratic party (pdp) and commissioner for urban de­velopment, chinyere igwe, who testified at the maiden sit­ting, could not conclude due to a video, which according to him, needs to be tendered be­fore the commission.
two other witnesses cross-examined by the commission – lekuu mgba and frank david – in their statements, accused the nigerian army, hon. bari mpigi and nnala william of sponsoring the violence that occurred at tai local govern­ment area of the state which claimed the life of one.

Source: authorityngr


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