The Nigerian Bar Association (NBA) has berated courts for the conflicting verdicts on the forthcoming Rivers State Local Government Election.

Saying that it has “taken note of the conflicting judgments from the Rivers State High Court and the Federal High Court in Abuja” over the election, the NBA described the situation as “concerning” and “deeply disheartening.”

Coming down hard on the courts, the lawyers’ body, in a statement by its President, Mr. Afam Osigwe SAN, stated that it “amounts to judicial rascality that courts of concurrent jurisdiction are issuing contradictory orders on the same matter. 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.”

In the statement made available to CITY LAWYER, the association warned the Nigeria Police not to shirk its constitutional responsibility to provide security to citizens, saying: “The refusal to provide security is not only unconstitutional but also illegal, immoral, and a dangerous signal that invites lawlessness and undermines democracy. It is, in every sense, a direct attack on the democratic rights of the people of Rivers State and, by extension, Nigeria as a whole. In fact, it threatens our democracy.”

The full text of the statement reads:

The Nigeria Police Force Cannot Shirk Their Responsibility to Provide Security in Rivers State

The Nigerian Bar Association, NBA has noted with deep concerns, the controversies and actions of actors relating to and pertaining the scheduled Local Government elections in Rivers State.

The NBA has 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 has also read the disturbing report that some Policemen were alleged to have attempted to cart away electoral materials in the dead of the Night at the Head office of Rivers State Independent Electoral Commission, RSIEC.

We agree with the statement issued by the Chairmen of NBA Branches in Rivers State as we find 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. Even if a court has directed the Police not to work with the Electoral Commission in Rivers State, nothing says the Police should not provide security for peace and order in Rivers State.

The responsibility of the police to ensure peace and security in Rivers State is constitutional and cannot be restrained by any court. 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. The duty to secure the lives and property of the people is one that should never be restrained by the court. The Police as well as all Nigerians should be concerned that such a statement was 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 judgement that seeks to prevent them 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 refusal to provide security is not only unconstitutional but also illegal, immoral, and a dangerous signal that invites lawlessness and undermines democracy. It is, in every sense, a direct attack on the democratic rights of the people of Rivers State and, by extension, Nigeria as a whole. In fact, it threatens our democracy.

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. Furthermore, we urge the Inspector General of Police to launch an immediate investigation into these 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 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. 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.

Mazi Afam Osigwe, SAN
President, Nigerian Bar Association

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