- Says Force cannot shirk their responsibility to provide security
The Nigerian Bar Association (NBA), has declare that the refusal by the Nigeria Police to provide security for the Rivers State Local Government Elections is not only unconstitutional but also illegal, immoral, and a dangerous signal that invites lawlessness and undermines democracy.
This was as it condemned, in the strongest possible terms, attempt to undermine the scheduled elections in the 22 Local Government Areas of Rivers State by refusing to provide security.
The NBA also said that it has 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, stressing that it is deeply disheartening and amounts to judicial rascality that courts of concurrent jurisdiction are issuing contradictory orders on the same matter.
The NBA specifically said that the action of the Nigeria Police is, in every sense, a direct attack on the democratic rights of the people of Rivers State and, by extension, Nigeria as a whole, stressing that it threatens the nation’s democracy.
These were contained in a statement by its President, Mazi Afam Osigwe, SAN, who specifically said the responsibility of the police to ensure peace and security is constitutional and cannot be restrained by any Court.
It particularly said the Police should at all times provide security for the good people of Nigeria and should in fact be worried if any Court order purports to prevent them from discharging this responsibility.
Osigwe further said the duty to secure the lives and property of the people is one that should never be restrained by the Court, thus expressed deep concerns over the controversies and actions of actors relating to and pertaining the scheduled Local Government elections in Rivers State.
The NBA said it noted with particular interest the statement released by the Rivers State Police Public Relations Officer (PPRO), SP Grace Iringe-Koko, which indicates that the Rivers State Police will not provide security during the Local Government elections scheduled for Saturday, October 5, 2024.
The NBA further said it also read the disturbing report that some Policemen were alleged to have attempted cart away electoral materials in the dead of the night at the Head office of Rivers State Independent Electoral Commission (RSIEC).
The President of the Bar endorsedɗ the statement issued by the Chairmen of NBA Branches, as the Body found it deeply troubling that the Police would brazenly issue a statement that they would shirk their constitutional responsibility of providing security in Rivers State in purported compliance with an order of court.
In the words of the NBA; “Even if a Court has directed the Police not to work with the Electoral Commission on Rivers State, nothing says the Police should not provide security for peace and order of Rivers State.
“The Police as much as all Nigerians should be concerned that such a statement should be issued by the Police confirming they would abdicate their duty.
“The Police must ensure they discharge their duties at all times and urgently take steps to set aside any judgment that seeks to prevent the Police from discharging their constitutional responsibilities.
“To do otherwise may enthrone a reign of terror or breakdown of law and order. The people of Rivers must never be left unprotected, no matter what.
“Any act or position that leave the people and their activities, unprotected is utterly unacceptable and strongly condemned by the Nigerian Bar Association. The assertion by the Rivers State Police, through the PPRO, that the Police will not provide security for the elections, if accurate, is an unfortunate abdication of responsibility and egregious violation of constitutional duties.
“The Nigeria Police Force is constitutionally mandated to protect lives and property, and this duty extends to providing security during elections. Any failure to perform this obligation is unacceptable.
“The security of elections and indeed every other activities are not matters for negotiation. They are constitutional responsibilities that must be carried out by the police at all times. The Police should NEVER shirk such responsibilities.
“The Nigerian Bar Association condemns, in the strongest possible terms, any attempt to undermine the scheduled elections in the 22 Local Government Areas of Rivers State by refusing to provide security.
“We will continue to closely monitor the situation as it unfolds. We call on all security agencies to rise to the challenge of protecting lives, property, and democracy during this critical time,” it said.
The NBA urged the Inspector General of Police to launch an immediate investigation into the troubling report that Policemen sought to cart away electoral materials and ensure that any errant officers involved are swiftly and appropriately disciplined, regardless of whose interests are affected.
The NBA said it is committed to engaging with all relevant stakeholders to find a sustainable solution to the constant judicial conflict, stressing that the consistency and coherence of the law are fundamental to its effectiveness.
The Bar declared that the protection of our democracy and the upholding of the rule of law must remain the highest priority of government and it’s relevant agencies.
