Rivers re-run election: Court declares police probe panel illegal

Justice Gabriel Kolawole of the Federal High Court Abuja, on Tuesday declared as illegal, the 15-man joint investigative panel constituted by the Inspector General of Police, Ibrahim Idris to probe the violence, killings, destruction of property and other criminal activities that took place during and after the December 10, National Assembly rerun election in Rivers state.

Delivering judgement on the suit filed by Rivers state government and Governor Nyemsom Wike (1st and 2nd plaintiffs) on January 11, 2017 some days after the election Justice Kolawole said the “the police panel was unknown to law” because it lacked constitutional backing.

Consequently, the court held that the report of the panel is not valid and of “doubtful source” and cautioned the Attorney General of the Federation of acting on the panel report to frame charges against any one.

In view of this, Justice Kolawole said it remains to be seen whether the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) would prosecute those indicted by the police probe panel based on a report that is illegal.

“The Police Panel is unknown to Nigerian criminal justice system.

Its a contraption. The said report is unknown to law and its validity to be used by the Attorney General of the Federation to press a charge is in great doubt, the court said.

According to the court, it was wrong for the IGP to constitute a police panel that had the Department of State Security as member.

Justice Kolawole note that under Section 11 of Police Act, the IGP requires Presidential assent to delegate power to another prosecutorial agency.

“The special multi agency panel is not a statutory body but a product of ministerial act.

Though the court agreed that the IGP, in line with Section 214 of the 1999 Constitution and Section 4 of the Police Act, can conduct investigation of any crime, however such duty must be carried out in strict adherence to the law.

In addition, the court said it would have quashed the report but for the fact that it was not pleaded before it.

“The report was not presented before the court, if not, it would have been quashed.

More so, the court held that there was no merit in the 2nd defendant’s (DSS) preliminary objection on grounds of jurisdiction.
But he refused to grant prayers 2 to 12 sought by Governor Wike and Rivers State Government on the ground that some of the reliefs can not be granted or enforced.

Consequently, they were dismissed.