Friday, October 4, 2024 6:13 pm
Mr Femi Falana, a Senior Advocate of Nigeria, has asked the Inspector General of Police, to direct the Rivers State Police Command to maintain law order during the Saturday 5 October LG election.
As contained in his 4 October letter to the IGP, Falana wrote: “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 you that 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 to direct the Rivers State Police Command not to take any step that frustrate the hearing and determination of the said motion for stay of execution of the judgment of the Federal High Court. In other words, you are requested to direct the Rivers State Police Command to maintain and law order during the election for the following reasons:
Below is the full letter:
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 you that 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 to direct the Rivers State Police Command not to take any step that frustrate the hearing and determination of the said motion for stay of execution of the judgment of the Federal High Court. In other words, you are requested to direct the Rivers State Police Command to maintain and law order during the election for the following reasons:
“Chief FRA Williams, SAN referred the court to the cases of Huang & Ors. v. Bello & Ors. supra and Rastico Nigeria Ltd. v. Societe Generale Surveillance 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.”
“The Constitution in Section 215 subsection (1) clearly gives the Governor of Anambra State the power to issue lawful direction to the Commissioner of Police, Anambra State, in connection with securing public safety and order in the State.”
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.
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