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| Nyesom Wike |
Evelyn Okakwu
An Abuja division of the Federal High Court on Tuesday described
as unconstitutional the investigation panel set up to access allegations of
violence in the December 10 2016 election rerun in Rivers state.
Delivering a ruling on an application filed by the Rivers
state governor, Nyesom Wike, the Presiding Judge, Gabriel Kolawole, said the
panel established by the Inspector General of Police, Ibrahim Idris is “not
only unknown to law, but equally unknown to Nigeria’s Criminal justice system”.
Mr. Wike had approached the court with 12 grounds of appeal
seeking the nullification of the investigation panel set up by the Inspector
General of police, Ibrahim Idris.
The panel had as part of its 15 members, officers of Nigeria’s
State Security Service
Mr. Wike’s lawyer, Mike Ozehkome contended that the manner
adopted by the panel in the conduct of its investigation suggests that the
police force had a pre-determined notion of the outcome of their findings.
According to Mr. Kolawole, the section four of the police
act which empowers the force to conduct investigations into allegations of
security threats, does not however, permit the Police Force to carry out such
an investigation in a manner unknown to law.
“Let me state that by the sheer provision of section (4)
which provides for the general duty of the police, it is the legitimate exercise
of the first defendant’s (IGP) power as the one who commands the police force
to delegate the authority to conduct investigation into any matter regarding
his officers, with the permission of the President. This is only feasible when
the delegation of the powers is being done and confined to police officers
under his command. When such delegation involves officers from a sister agency
such as the second defendant, (SSS) the question remains whether the first
defendant has statutory powers to constitute such a joint special investigation
panel,” said Mr. Kolawole.
He added that the constitution which he has examined does
not have any specific provision by which the first defendant will be said to
have the legal provision to set up such a joint special investigation panel.
“It is my view that the special joint investigation panel which
the first defendant set up, in so far as it was not limited to the Nigerian police
force over which the first defendant has its command, but extends to the second
defendant. It is to this extent that the said investigation panel is unknown to
law and not known to the Nigerian criminal justice system. It is sufficient for
me that the special joint investigation panel is not only unknown to law but
would prove to be an extraction whose existence would create legal doubt to be
put forward as a valid legal document”.
Mr. Kolawole however refused the application to set aside
the resolutions of the panel.
He advised that the Attorney General of the Federation or
such organ as may be required to use the said resolution considers same as
bases for further investigation rather than taking decisions based on the final
resolution of the panel.
The judge who had stated that no constitution could be
regarded as perfect, globally, however lamented the fact that state governors
are not empowered by constitution to oversee security agencies within their
control.
Mr. Kolawole said although the purpose of his decision is
not to serve the bases for arguments about the nation’s federalism but
condemned the statutory provisions of the Nigerian laws which, “Which on the
one hand clothes state governors as chief security officers of the state and on
the on the hand deprives them of the state apparatus to implement such powers.
