· Election successful without police – APP, others
· Success of Poll shows Nigeria can have better election without Police- Atiku
· Police action dangerous, undermines democracy, says NBA
By Obinna F. Nwachukwu
The successful conduct of the controversial Rivers State Local Government election last Saturday 5th October, 2024 has demystified the long held view by mny Nigerians that elections in the country cannot be conducted without the presence of men of the Nigerian Police Force, the Department of Security Services (DSS), Nigerian Security and Civil Defence Corps (NSCDC) and other security services including the Military.
Reacting to the outcome of the election which witnessed no fatality, political watchers and analysts were on the consensus that the election served as a litmus case for a free and fair election devoid of heavy security presence which they said often scare voters from coming out to cast their vote. They quickly made reference to the 2023 general elections as well as the recently held governorship lection in Edo state where many ot eh voters refused to perform their civic duties because of what they described as the “ militarization” of the state before and on the day of the election
Reports had it that voting went on peacefully in the 23 local government areas of Rivers state despite the police and DSS barring their officers from providing security for the exercise.
Election officials were seen conducting accreditation and voting simultaneously various polling units and wards in the state.
This was despite the attempt by supporters of All Progressives Congress (APC) and those of the Peoples Democratic Party (PDP) loyal to the Minister of Federal Capital Territory (FCT), Chief Nyesom Wike who while the election was going on, embarked on massive protests in an unsuccessful effort to stop the LG elections in the state.
However, there were reported incidents of explosions at the state secretariat of the factional APC led by Tony Okocha in Port Harcourt and Obio/Akpor LG council.
Before the election, the APC in the state, which boycotted the polls, had secured a judgment from a Federal High Court in Abuja restraining the Independent National Electoral Commission (INEC) from releasing voters’ registers to the RSIEC.
The judgment also restrained the Director-General of the DSS and the Inspector General of Police from providing security for the elections.
But citing a judgment of the Supreme Court, which ordered that democratically-elected officials must govern all the local governments in the country and a judgment of the Rivers State High Court, Rivers state Governor, Siminalayi Fubara insisted that the elections must hold, with or without the police providing security.
Though the police did not provide security, the elections were held in a largely peaceful atmosphere.
Announcing the results on Saturday evening, the Chairman of the FRSC, Justice Adolphus Enebeli, said after collating the results, APP scored the majority of the valid votes in all the wards in the 22 LGAs.
Justice Enebeli explained that the result of the chairmanship position for Etche LGA was stood down by the commission because of its expansive landscape with its 19 wards, which slowed down the collation process.
Justice Enebeli, who is also the Chief Electoral Commissioner for the election, declared the results in Port Harcourt.
The results declaration was witnessed by members of the Inter-Party Advisory Council (IPAC) from 18 political parties, leaders of the Nigerian Bar Association (NBA), civil society groups, returning officers, journalists, and other key stakeholders.
Justice Enebeli stated that the polls, which closed at 3 p.m., witnessed a large turnout of voters who defiled the rain.
The Action Peoples Party (APP) won 22 out of the 23 chairmanship seats.
The Chairmanship Candidate of the Action Peoples Party APP, in Emohua Local Government Area of Rivers State for Local Government Council elections in the state, David Omereji, said the election was successful without police operatives.
Omereji also stated that no one can rigged the poll, adding that the people resolved to ensure peace and sanity.
Omereji, who spoke after casting his vote at his unit in Ward 11, Egbeda community, Emohua LGA, said the era of election rigging in the state has gone.
He described the process as seamless, free, fair and peaceful, adding that the election was successful without police.
Omereji said: “The election was peaceful and everybody voted without fear or intimidation. This is one peaceful and well-coordinated election conducted in the state.
“RSIEC has conducted a seamless election and we commend them for that. The election was peaceful without police. The people were sensitized to ensure Peace.
“Nobody will rig this election. The result will be as people voted. They have done a good job for the state.”
Rivers LG poll: Nigeria may start experiencing better election without police — Atiku’s aide
In his reaction to the outcome of the poll, presidential candidate of the PDP in the 2023, Alhaji Atiku Abubakar said the Rivers State local government election may usher in a new dispensation of better polls without police.
He was reacting to the withdrawal of police from the Rivers local government election.
Speaking through his Media Aide, Paul Ibe, Atiku in a posting on X, wrote: “The withdrawal of the @PoliceNG from today’s #RiversLGAPolls2024 will confirm to the whole world the anti-democratic elements and institutions in Nigeria.
“The outcome of the election may usher in a new regime in which our elections are better off without the police.”
The Nigeria Police force had through the Rivers State Police Command announced that it will boycott the election. SP Grace Iringe-Koko, the command’s spokesperson, told journalists in Port Harcourt, that the decision followed an order from the Federal High Court, and confirmed that the command had begun withdrawing its officers from election duties.
“The court order bars the police from allowing, participating in, providing security for, or taking part in the local government council elections. Therefore, all area commanders, divisional police officers, and tactical commanders have been instructed to fully comply with the Federal High Court’s judgement,” she stated. She further urged other security agencies to observe the court’s ruling
Iringe-Koko advised anyone aggrieved by the police withdrawal to seek legal redress before the election, and assured that police officers would remain alert for ‘potential disturbances,’ even though they would not directly participate in the election.
Before Saturday’s election, tension had risen in Rivers state where the camps of Governor Siminalayi Fubara, and Federal Capital Territory, FCT, Abuja, Minister, Chief Nyesom Wike, were locked in a fight to finish in the battle for the control of political structure at the grassroots.
Observers had argued that the outcome of the exercise in Rivers state would be difficult to tell following confusing, and conflicting signals from many quarters. For instance, while the National Working Committee, NWC, of the Peoples Democratic, PDP, is in support and wants its members to take part in the election, its Rivers State chapter, which is loyal to Wike, urged residents and party members to shun the exercise.
The Police, citing court orders, have said they would not provide security services in Rivers and urged other security agencies to do the same.
However, Governor Fubara who accused the Police of bias, said the election would be held with the Rivers State Independent Electoral Commission, RSIEC, saying regardless of the court order, it would go ahead with the conduct of the exercise.
This was as the Action Peoples Party, APP, disowned a factional group claiming to be the party’s authentic leadership in Rivers, and backed RSIEC’s decision to go ahead with the poll.
The Federal High Court Abuja had, on September 30, barred the Independent National Electoral Commission, INEC from releasing the Voters Register to the RSIEC.
The court cited RSIEC’s non-compliance with its 2018 law regarding the voters register as reason for the court’s decision to halt the elections. It further prohibited the police and the State Security Service (DSS) from engaging in the elections.
However, the Rivers State Government and RSIEC itself also had a judgment that state clearly: conduct the election with the voters register of 2023; and police, DSS, Nigeria Army and other sister agencies should provide security.
The Governor stated that among all the security agencies, the Nigeria Police was the only one acting so strangely and have become a threat to the nation’s democracy.
His words “Why are they looking for a way to stampede this state? The Supreme Court gave a judgment that all local government activities must be conducted by elected officers. The President of the Federal Republic of Nigeria, in agreement with State Governors, directed a compliance to this judgment within 90 days with effect from the judgment date.
“And all other states are conducting elections to ensure that they comply with the directive, not just the Supreme Court ruling but also going by the understanding that we have with Mr. President. What Rivers State is also doing is not different from others. And the big question is: is any other court bigger than the Supreme Court?”
Governor Fubara assured Nigerians, and particularly peace- loving people of Rivers State that the election will go on, and nothing will stop it because everything required has been put in place.
Hold IGP responsible for any security breach in Rivers
The Governor said: “On the issue of security, if the police feel they don’t want to be part of the election, they should withdraw. I am saying this here so that the Inspector General of Police will be aware, and also know that any act against the peace of this state, anything that will bring a situation of lawlessness in this state, if it happens, I think at the end of the day, he should be prepared to take responsibility.
“Why is the case of Rivers State different? Why is the law or Constitution of the Federal Republic of Nigeria interpreted in a different way when it comes Rivers State?”
Addressing the legal dispute, the Lawyers in Defence of Democracy and Human Rights argued that the Federal High Court did not have the jurisdiction to prevent RSIEC from conducting the LG poll.
Okere Nnamdi, the group’s convener, clarified that the court was not a court of general jurisdiction but rather a court of special jurisdiction. He explained, “The court’s jurisdiction is outlined in Section 2(51), Subsection 1(Q) (R) of the 1999 Constitution. RSIEC is not a Federal Government agency but an agency of the Rivers State Government. Therefore, the Federal High Court cannot issue an injunctive order to stop RSIEC from conducting local government elections”.
Nnamdi also pointed out that RSIEC had a constitutional role to conduct local government elections, as empowered by Paragraph 4, Part 2 of the Third Schedule of the 1999 Constitution.
He emphasised that the States Independent Electoral Commission (SIECs) are autonomous bodies established by Section 197 of the 1999 Constitution, under the authority of the state governments.
“It is only the Rivers State High Court that can restrain RSIEC from conducting local government elections,” he insisted.
Rivers LG poll: NBA slams police over refusal to provide security
On its part, the Nigerian Bar Association expressed grave concerns over the Nigeria Police Force’s refusal to provide security for the Local Government elections in Rivers State which took place last Saturday.
Reacting in a statement signed by its President, Afam Osigwe, on Friday, the NBA condemned the police’s decision as a “dangerous signal that invites lawlessness and undermines democracy.”
The association criticised the police’s stance, stating that their constitutional responsibility to protect lives, property and the democratic process cannot be abrogated by any court order.
“The Nigeria Police Force cannot shirk their responsibility to provide security in Rivers State,” Osigwe said, emphasizing that the duty to maintain peace and order during elections is sacrosanct.
He added that any refusal to carry out this duty is not only unconstitutional but also illegal and immoral.
The NBA further highlighted reports alleging that certain police officers had attempted to tamper with electoral materials at the Rivers State Independent Electoral Commission office during the night.