The Chairmen of the Rivers State local government have requested the Federal High Court in Abuja to ask the Inspector General of Police (IGP) and the Director General of the State Security Service (SSS) to give them adequate security for their lives and properties.
In their fresh suit they cited sections 215 of the 1999 Constitution and sections 4, 7, and 9 of the Police Act 2020, that the IGP, SSS, and other security agencies are under statutory obligations to ensure their security and welfare.
In an originating summons filed on their behalf by Mahmud Abubakar Magaji (SAN), who filed an originating summons on behalf of the council chairmen also sought an order of the court against the Attorney General of the Federation (AGF) not to allow any other laws to be implemented for local governments in Rivers other than the ones enacted by the State House of Assembly.
The Chairmen who raises their fears on the alleged threat and boast by the Rivers State Government who was quoted not to implement or enforce the laws made by the state House of Assembly for the local governments.
They presented seven major issues for the determination of the court in resolving their grievances with all the defendants in the suit.
Among others, they asked the court to determine, “Whether by the combined provisions of sections 215 and 14 of the Constitution of the Federal Republic of Nigeria 1999 as well as sections 4, 7, and 9 of the Police Act 2020, the IGP, CP Rivers, SSS, and Director, SSS, and other security agencies are not statutorily bound to provide security and welfare for their lives and properties.
Whether the IGP, CP Rivers, SSS, and Director, SSS, are not bound to recognise and enforce all laws and regulations made by the Rivers State House of Assembly,
“Whether by the combined provisions of sections 215 of the Constitution of the Federal Republic of Nigeria and sections 4, 7, and 9 of the Police Act 2020, the defendants are not bound to recognise and enforce Rivers State Local Government (Amendment) Law No. 4 of 2024 passed by the Rivers State House of Assembly.
“Whether, by virtue of the combined provisions of sections 7 and the Fourth Schedule of the Constitution of the Federal Republic of Nigeria 1999, the local government coins in Rivers State are not Constitutionally recognised and autonomous as the 3rd tier of government and thereby entitled to Allocation from Federation Account”.
Upon resolving the issues in their favour, the Chairmen asked the court to make a declaration that the IGP, CP Rivers, SSS, Director, SSS and other security agencies are statutorily bound to provide security and welfare for their lives and properties
They also applied for a declaration that the IGP, CP Rivers, SSS, Director, SSS and other security agencies are bound to recognise and enforce all laws and regulations, including those made by the State House of Assembly of Rivers State.
The chairmen also want the court to declare that no organ of any government has the power to withhold the financial allocations due to local governments in Rivers State.
The originating summons is supported by a 29-paragraph affidavit deposed to by Dr. Chidi LLoyd, a legal practitioner and Chairman of Emohua Local Government, on behalf of other 41 Chairmen.
Some of the Chairmen who filed the suit are Dr Chidi LLoyd, Chairman, Emohua local government, Hon Alwell Ihunda, Chairman,Port Harcourt local government, Dr Nwanosike Samuel, Chairman, Ikwerre local government area, Barrister George Ariolu, Chairman, Obio-Akpor local government, Dr Obbinna Anyawu, Chairman, Etche local government area; and Hon Chidorom Nwaiwu, Chairman, Omuma local government area.
Others are Dr Hope Ikiriko, Chairman, Ahoada West local government area, Barrister Benjamin Isreal Eke, Chairman, Ahoada East Local government; and Dr Roland Sekibo, Chairman, Akuku-Toru local government area, among others.
The defendants are IGP, CP Rivers, DG SSS, Director SSS Rivers, AGF, Chairman Revenue Mobilisation Allocation and Fiscal Commission, Rivers State Government, AG Rivers State and Finance Commissioner in Rivers State as 1st to 9th defendants.
A Federal High Court in Abuja on Friday last week stopped the Rivers State Government from withholding the financial allocations of the 42 local government areas in the state pending the determination of a motion on notice for interlocutory injunction instituted by the Chairmen of the Council against the state and nine others.
In a ruling, the Court stopped the Inspector General of Police, IGP, Police Commissioner in Rivers, Director General, State Security Service, SSS, and Director, State Security Service (SSS) from withdrawing the security personnel of the local government chairmen pending the final resolution of their motion on notice.
Justice James Omotoso issued the order for the status quo to be maintained by the parties in the suit marked FHC/ABJ/CS/537/2024.
Meanwhile, no date has been fixed for hearing the originating summons.
