Prominent human rights lawyer, Femi Falana (SAN), has advised Inspector-General of Police, IGP, Kayode Egbetokun to direct the Rivers State Police Command to ensure law and order during the upcoming October 5, 2024, Local Government Area (LGA) elections, despite a recent Federal High Court judgment barring police participation in the polls.

In a letter written on behalf of his client, the Rivers State Independent Electoral Commission (RSIEC), Falana urged the police to refrain from taking any action that could disrupt the elections or frustrate the legal process. He disclosed that an appeal has been filed against the September 30, 2024, judgment of the Federal High Court, Abuja, delivered by Justice P.O. Lifu, which ruled that the police should not partake in the election.

According to Falana, along with the appeal, a motion for stay of execution of the court’s judgment has also been filed. He explained that under the law, once a notice of appeal and a motion for stay of execution are submitted, parties involved are expected to maintain the status quo until the appeal is determined.

Falana referenced the Supreme Court decision in Mobil Oil Nigeria Limited v Assan (1995) 8 NWLR (PT 412) 129, which held that an unsuccessful litigant is not in contempt of court if they appeal a judgment and seek a stay of execution. He stated that the Rivers State Police would not be in violation of the law if they maintain order during the elections while awaiting the court’s decision on the stay of execution.

Falana further highlighted a related case, Action Peoples Party v. Rivers State Independent Electoral Commission & 2 Ors. (PHC/2696/CS/2024), in which the Rivers State High Court directed RSIEC to conduct the election in compliance with a Supreme Court judgment delivered earlier this year. He also noted that Governor Siminalayi Fubara of Rivers State had instructed the Police Commissioner to maintain law and order during the election, citing the constitutional powers granted to governors under Section 215 of the 1999 Constitution.

The lawyer expressed concerns about threats made by individuals who have allegedly vowed to disrupt the elections by destroying materials and inciting violence. He emphasized the importance of the police ensuring the safety of voters and the smooth conduct of the election.

Falana concluded by urging the Rivers State Police Commissioner to take all necessary measures to prevent any breakdown of law and order during the polls and protect the democratic rights of the citizens.

The letter underscores the ongoing legal and political complexities surrounding the Rivers State LGA elections, as well as the potential challenges to the enforcement of court rulings in the midst of a heated political environment.