A lawyer and public issues analyst, Justice Osai Ahiakwo has said that the Nigeria Police Force cannot select which court orders to obey.
He disclosed this Friday night in a media statement released in Calabar following police occupation of the Rivers State Independent Electoral Commission, RSIEC, offices in a bid to stop the conduct of local government elections today, Saturday, October 5, 2024.
There have been different court orders from the Rivers State high court directing the RSIEC to proceed with today’s local government elections, while a federal high court in Abuja has given a counter order.
The Rivers State government has appealed against the federal high court order at the appellate court.
In an attempt to prevent the conduct of the election, the Inspector General of Police, Mr Egbetokun gave his men orders to obey only the federal high court and stop the election.
Reacting, the state governor, Sir Sim Fubara moved Rivers people to dislodge the police operatives, vowing that the local government elections must hold.
Justice Ahiakwo said following the appeal of the matter, the parties involved should maintain status quo.
He emphasized that irrespective of the differing court orders, it is the constitutional duty of the police to prevent the breakdown of law and order, especially when the Rivers State High Court enjoying coordinate jurisdiction with the Federal High Court has equally ordered that the state electoral body should proceed with the conduct of the election.
He said, “There’s no executory order by the Federal High Court compelling the Nigeria Police Force or even any other security agencies, including the DSS to stop the conduct of the 5th October, 2024 Local Government Areas Election in Rivers State.
“Being established by the provision of Section 214 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Police is not to select which order of court to obey and not to obey.
“The Police must ensure that the safety of lives and properties are guaranteed regardless of the interest of the parties involved in the case.
“In this very crucial moment when the judgement of the Federal High Court has been appealed against by the defendants, and a Notice of Motion for Stay of Execution filed, the parties must as a matter of fact maintain status quo.
“To the extent that Section 215(3) has empowered the President of Nigeria to lawfully direct the Inspector General of Police to act in such a manner in maintaining and securing public safety and order.
“Section 215(4) of the 1999 Constitution equally empowers the Executive Governor of Rivers State to lawfully direct the Commissioner of Police to act in such a manner to bring about safety and order in his state.”
Ahiakwo said where the police failed to perform the duty of safeguarding the state within the election period, and once there is any form of conduct that offends the laws of the land, perpetrators of such acts should be brought to face the long arm of the law.
He emphasized that the police should seek legal advice in a dicey situation such as happening in Rivers State.
He maintained that “The police cannot elect to obey the Federal High court’s order against another one from Rivers State, because there are conflicting orders from different courts of coordinate jurisdiction, which requires the police to seek legal opinions before deciding which order to obey or not.
“Generally, the police are expected to obey court orders, as they are bound by the rule of law.”
The lawyer declared that every court order is binding on parties until set aside by an appellate court.
“Parties cannot unilaterally decide to ignore or disobey a court order. If a party believes that a court order is invalid or unlawful, that party should approach the Court of Appeal rather than simply ignoring or disobeying the order,” he added.
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