October 4, 2024
The Inspector-General of Police,
Police Force Headquarters,
Louis Edet House,
Abuja.
RE:SUIT NO: FHC/ABJ/CS/987/2024 – ALL PROGRESSIVE CONGRESS (APC) V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & 5 ORS.
We are Solicitors to the 2nd Defendant (hereinafter referred to as “our client”) on whose behalf and instructions we write this letter in respect of the above subject matter. Our client has drawn our attention to the statement credited to the Rivers State Police Command to the effect that it would comply fully with the judgment of the Federal High Court, Abuja which barred it from participating in the October 5, local government election in the State. The implication of the statement is that the police will not maintain law and order during the election.
We have the instructions of our client to inform youthat an appeal have been filed against the judgment of the Federal High Court delivered on September 30, 2024 by the Honourable Justice P.O. Lifu . Following the filing of the appeal, a motion for stay of execution pending the appeal has also been filed by our client.
Having been served with the copies of the Notice and Motion for Stay of execution, we request you toted to direct the Rivers State Police Command to maintain and law order during the election for the following reasons:
1.Since a notice of appeal has been filed together with a motion for stay of execution, parties are not permitted to take steps that may frustrate the hearing of the motion for stay of execution. By maintaining law and order during the election the police cannot be accused of contempt of court. In the case of Mobil Oil Nig. Limited v Assan(1995) 8 NWLR (PT 412) 129 at 150 the Supreme Court held inter alia: “Chief FRA Williams, SAN referred the court to the cases of Huang & Ors. v. Bello & Ors. supra and Rastico Nigeria Ltd. v. Societe GeneraleSurveillance SA supra.
These are Court of Appeal decisions and were in my view rightly decided. What the court below was saying in both cases was that where a person is appealing against a matter in which he had suffered a defeat and asked for a stay of execution pending the determination of the appeal, he would not be liable in contempt merely because he had not obeyed the order which he is appealing against or which he wants stayed pending the appeal.
Trial and appellate courts have always had jurisdiction to grant stay of execution of judgment pending appeal. The exercise of the right to apply for a stay of execution by an unsuccessful litigant pending his appeal has not been treated as a disobedience to the judgment he is appealing against.”
2.In Suit No: PHC/2696/CS/2024 – Action Peoples Party v. Rivers State Independent Electoral Commission & 2 Ors., the Rivers State High Court has directed the Rivers State Independent Electoral Commission to conduct the local government election in accordance with the judgment of the Supreme Court in Suit No: SC/CV/343/2024 – Attorney-General of the Federation v. Attorney-General of Abia State & 35 Ors. (2024) LPELR -62576 (SC).
3.The Governor of Rivers State, Mr. SiminalayiFubara has directed the Rivers State Commissioner of Police to maintain law and order during the election in exercise of his powers under Section 215 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). In the case of Attorney-General of Anambra State v. Attorney-General of the Federation & Ors. (2005) 9 NWLR (PT 931) 572 at 616 the Supreme Court held: “The Constitution in Section 215 subsection(1) clearly gives the Governor of AnambraState the power to issue lawful direction to the Commissioner of Police, Anambra State, in connection with securing public safety and order in the State.”
4.A few persons have openly boasted and threatened to destroy electoral materials, cause mayhem and unleash violence on the law abiding people of Rivers State who may wish to exercise their democratic rights during the local government election. In view of the foregoing, we hereby urge you to direct the Rivers State Commissioner of Police to ensure that there is no breakdown of law and order in any part of Rivers State during the local government election scheduled to hold throughout the State on October 5, 2024. While awaiting your reply to this letter, please accept the assurances of our highest esteem and professional regards.
Yours sincerely,
FEMI FALANA, SAN.
