Embattled Gov. Siminalayi Fubara, of Rivers State, at the weekend, scored a major victory against Nyesom Wike, his predecessor, turned political adversary, following the largely successful conduct of the state local government election, in which his loyalists in the Action Peoples Party (APP) swept 22 of 23 announced seats......See Full Story>>.....See Full Story>>
But the defeated camp, as the governor had forewarned on Sunday, unleashed mayhem on Monday, burning local government secretariats without let or hindrance, in coordinated violence some say may be aimed at instigating an emergency declaration.
The APP had won 22 chairmanship positions out of 23, while Action Alliance clinched Etche local government seat, according to the results announced on Saturday by Justice Adolphus Enebeli, the Chief Electoral Officer of the Rivers State Independent Electoral Commission (RSIEC) in Port Harcourt.
Enebeli had described the election as free, fair, and credible, despite all odds, while saluting the patriotism of the residents, who turned out to vote.
He said the commission “adopted the principle of bi-location, because of the exigencies” they found themselves.
The results were announced at the Ministry of Justice Hall at the State Secretariat complex, rather than the Commission’s office on Aba Road.
The Nigerian police had kept its word that it would not provide security for the election, and on Monday, ordered the withdrawal of its personnel from the council headquarters.
But the despite the decision to stay away, and despite the tensile atmosphere leading up to the election – including two early morning explosions, one that shattered the secretariat of the All Progressives Congress along Aba Road in Port Harcourt, and the other at Obio/Akpor Council secretariat, which had led to speculations about possible declaration of state of emergency, the election was largely peaceful, an indication that Fubara enjoys grassroots support.
“The election is another significant milestone showing that Fubara is in charge, and Wike, the “Abuja boy,” is now the past,” noted political commentator, Omotayo Williams. “If Wike claims to be a god-father in Rivers state and all he has to fight is Federal tools (IG of police, Federal judges), he has become a failed politician. The structure of criminality is gone.”
But in the Rumuola and Rumuepirikom areas in Obio/Akpor local government of the state, Wike’s stronghold, Business Hallmark gathered that election did not hold.
There were also reports that gunmen in police uniform stormed Ward 19, Elekahia Primary School in Port Harcourt City Local Government, which had 10 units, and chased away staff of Rivers State Independent Electoral Commission (RSIEC), who had come to conduct the election.
Moves and Protests
The FCT minister’s supporters equally staged a protest calling on RSIEC to comply with a recent High Court judgment regarding the elections. The protest, which drew a handful of people, was organized in response to what Wike’s camp described as irregularities in the electoral process.
The demonstrators, carrying placards with messages like “Obey Court Order” and “No Justice, No Election,” expressed frustration over the conduct of the elections and demanded that RSIEC halt the polls, and abide by the court’s ruling. But generally, voting was peaceful.
Swearing in and more violence
On Sunday, Governor Fubara hurriedly swore in the elected council chairmen. During the swearing in ceremony, he noted that he was aware that persons have been mobilized to cause problems in the state on Monday, following the outcome of the election. But warned the new chairmen against resorting to violence in response.
Indeed, on Monday, political thugs went on rampage, few hours after the State Police Command announced the withdrawal of personnel from previously sealed local government secretariats.
Violence erupted in several local council headquarters, leading to arson, shootings, and fatalities.
Tinubu directs IGP to restore peace
Meanwhile, President Bola Tinubu, on Monday evening, directed the Police to provide security to local government officials and to restore and maintain peace, law, and order immediately.
While instructing law enforcement agencies to bring the situation under control, President Tinubu emphasised the need to ensure the security of public institutions.
The President, in a statement by his Special Adviser on Information and Strategy, Bayo Onanuga, said government facilities built with public funds must be safeguarded from vandalism.
He stressed that self-help has no place in a democratic system, especially after 25 years of continuous democracy.
According to President Tinubu, the judiciary can settle all political disputes, and the outcome of this election should be no exception.
The statement further stated that the “President called on Governor Siminalayi Fubara, political leaders, and their supporters in Rivers State to exercise restraint and uphold the rule of law.
“In response to recent tensions following last Saturday’s local government council election, the President expressed deep concern over reports of arson and explosions in the state.
“He urged all political actors to de-escalate the situation and discourage their supporters from engaging in violence or destructive actions.”
There’s no indication, however, that those behind the arson have been arrested.
Months in the making
The weeks and months leading up the election had seen intense political maneuvering. Determined to secure the state’s grassroots political structure, Wike, with the backing of People’s Democratic Party’s national leadership, took over the state structure of the party, leaving Fubara in limbo. But the governor had some tricks up his sleeves. His loyalists moved en masse to the APP, and with the state electoral commission firmly in his hands, Wike was fighting a losing battle.
However, the minister was determined, and with apparent federal backing, tried to stop the election altogether. His camp last week, secured an order of the Federal high court in Abuja presided over by Justice Peter Lifu, barring the Independent National Electoral Commission (INEC) from releasing the 2023 voter register to the Rivers State Independent Electoral Commission (RSIEC).
The court also barred the inspector-general of police and the Department of State Services (DSS) from providing security for the exercise, and on Thursday night, the Rivers State Police Command said it would not provide security for the conduct of the election, citing the court order; a position condemned by the Nigerian Bar Association (NBA) and other relevant stakeholders.
In a statement late Thursday, Grace Iringe-Koko, police spokesperson in Rivers, said the command was complying with an order of the federal high court in Abuja.
But a Rivers State High Court in Port Harcourt had earlier on September 4, ordered RSIEC to proceed with the local government council elections scheduled for October 5.
Justice I. P. C. Igwe gave the order while delivering judgement in Suit No: PHC/2696/CS/2024, filed by Action Peoples Party (APP) as Plaintiff/Applicant against RSIEC, Rivers State Government, and Governor of Rivers State as 1st to 3rd Respondents.
In a statement on Friday, the NBA, while backing the decision of the Rivers government to proceed with the election, berated the conflicting judgments as judicial rascality.
“The NBA has also taken note of the conflicting judgments from the Rivers State High Court and the Federal High Court in Abuja concerning the scheduled Local Government elections. It is deeply disheartening and amounts to judicial rascality that courts of concurrent jurisdiction are issuing contradictory orders on the same matter,” Afam Osigwe, SAN, NBA president said in the statement.
“The NBA is committed to engaging with all relevant stakeholders to find a sustainable solution to this constant judicial conflict, as the consistency and coherence of the law are fundamental to its effectiveness. The protection of our democracy and the upholding of the rule of law must remain the highest priority.”
Osigwe said the Nigeria Police Force Cannot shirk their responsibility to provide security in Rivers.
Same Friday, citing this earlier judgment, and provisions of the constitution, both Fubara and RSIEC vowed that the election would hold as scheduled. In a statement late Friday, RSIEC Commissioner for Civil Education/Public Affairs Tobin Tamunotonye, said there is no going back on the election.
“For the avoidance of doubt, we emphasize unequivocally that the 5th October 2024 Local Government Council Election in Rivers State will hold as scheduled, and there is no going back,” the statement said.
Quoting the RSIEC LAW of 2018 and the judgment of Justice I.P.C. Igwe of the High Court of Rivers State delivered on September 4, 2024, and the 1999 Constitution, RSIEC said it is empowered to conduct local government elections in the state.
The commission disclosed that it has transported non-sensitive materials to polling units across the state, and the updated 2023 voter registers have been made available at all 6,366 polling units.
RSIEC described the polls as “critical and in line with the order on RSIEC from the Supreme Court of Nigeria,” and emphasized that “voting centres will be open on time as scheduled as materials have been moved to the respective distribution points for all the polling unit and voters registers also released to election staff.”
The commission also dismissed claims about the resignation of its Chairman, Justice Adolphus Enebeli (retd.).
“The above claim is mischievously false, baseless, and a fabricated lie from the pit of Hell, calculated to mislead the public. For the avoidance of doubt the Chairman /Chief Electoral Commissioner is still in charge and has not resigned as maliciously circulated across the media space,” the statement added.
Fubara lampoons IGP
On Friday night, hours to the election, Governor Fubara stormed RSIEC office in Port Harcourt, upon learning, as he said, that a senior police officer led a team of police operatives to take over the commission headquarters, in an attempt to prevent the election.
Addressing the Inspector General of Police, Kayode Egbetokun, Fubara said the state had taken enough nonsense and would no longer tolerate attempts to undermine it. Fubara told reporters that he has had enough from the police.
“But I have to say this on a very strong note. We’ve been taking enough nonsense from this institution. Everybody is aware of the court judgment,” referring to a High Court in Rivers State empowering RSIEC to conduct elections.
“And even the judgment (referring to Abuja Federal High Court barring INEC from releasing voters’ register to RSIEC). Did the ruling specify anywhere that elections should not be held? It said don’t give voters’ register. What are we doing with it?
He alleged, without mentioning his name, that relationship between Wike and Egbetokun, had “gone beyond professional relationship.” He said, “Okay police don’t provide security, is it the same thing as blocking the election? I don’t know what’s the relationship between the inspector general of police and one person, who claims he has so much power in this state? Because it’s beginning to go beyond the normal professional relationship,” the governor added. “Your history will include shooting Fubara.”
Fubara said the state government had written a letter to Egbetokun attaching the order of a High Court in the state but that the inspector general prefers to act on the judgement of the Federal High Court.
“If we go by the Federal High Court judgment, did it say elections should be barred? Justice Lifu, that gave that fraudulent judgment, did he say no election? Rather, he tactically said don’t provide (security).
“We don’t need your security, we would provide our own security. After all, it happened in Anambra. Go away with your security, but this election must be held. Whatever you want to do, do it, the election must be held, results declared (and) people would be sworn in, I say it here.
“What kind of country is this, and when it comes to the issue of Rivers State, it becomes different. You’re not ashamed of yourself, you call yourself inspector general of police.
“Enough is enough. I’ll be here. In fact, if I go back and hear anybody I’ll come here. This is my property and you do not have any power whatsoever to bar me from entering.
“Just try it, then part of your history as a fraudulent inspector general of police will include shooting (Governor) Fubara. I think I’ve given (you) enough respect.”
IGP responds
Following Fubara’s accusations, the IGP released a statement maintaining that his actions were in conformity with subsisting court order.
“The Nigeria Police Force has noted with concern the recent statements made by the Governor of Rivers State, His Excellency Siminalayi Fubara, in which several unfounded allegations were leveled against the Office of the Inspector-General of Police and the Nigeria Police Force. In light of these claims, it has become necessary to set the record straight,” read the statement by Muyiwa Adejobi, force public relations officer, on behalf of the police boss.
“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 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 them 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.”
Jonathan wades in
Meanwhile, a number of stakeholders, including former president Goodluck Jonathan, have waded into the Rivers impasse to sound a note of caution. In a statement on Saturday, Jonathan warned that institutions of the state, especially security agencies, must refrain from actions that could lead to breakdown of law and order, in apparent reference to the actions of the police.
“I am aware that the local government election taking place in Rivers State today, October 5, has been a subject of great interest to political actors,” he said.
“The political happenings in Rivers State in the past days is a cause for serious concern for everyone, especially lovers of democracy and all actors within the peace and security sector of our nation.
“Elections are the cornerstone of democracy, because they are the primary source of legitimacy. This process renews the faith of citizens in their country as it affords them the opportunity to have a say on who governs them.
“Every election is significant, whether at national or sub-national levels as it counts as a gain and honour to democracy. It is the responsibility of all stakeholders, especially state institutions, to work towards the promotion of sound democratic culture of which periodic election stands as a noble virtue.
Jonathan noted that Rivers State represents the gateway to the Niger Delta and threat to peace in the state could have huge security implications in the region.
“I am calling on the National Judicial Commission (NJC) to take action that will curb the proliferation of court orders and judgments, especially those of concurrent jurisdiction giving conflicting orders. This, if not checked, will ridicule the institution of the judiciary and derail our democracy.
“The political situation in Rivers State, mirrors our past, the crisis of the Old Western Region. I, therefore, warn that Rivers should not be used as crystal that will form the block that will collapse our democracy.
“State institutions especially the police and the judiciary and all other stakeholders must always work for public interest and promote common good such as peace, justice and equality.”