Rivers rerun: Judge declares IGP probe panel illegal
Gabriel Kolawole, justice of the federal high court, Abuja, has declared the panel set up by the inspector-general of police to investigate allegations of violence and malpractice in the last Rivers state national assembly rerun election as unconstitutional.
Kolawole made this declaration in a judgment on Tuesday.
“Section 4 of the police act allows the police to set up such a panel to carry out investigations, the section does not however, state that the police can carry out such an investigation with apparatus outside the force,” he said.
He said the attorney-general must be cautious in using the report presented to him by such a panel since it was an illegal body, not known to law.
The judge, however, refused to quash the report of the panel as sought by the plaintiff on the grounds that the report was not before him and he could not, therefore, take action on what was not before him.
He added that the report of the panel if it contained useful information, could be useful if turned over to a proper body under the law.
He said the other prayers sought by the plaintiffs could not be granted since the reliefs the prayers sought had been overtaken by events as the panel had already submitted its report to the attorney-general.
Wike, along with the Rivers government, the second plaintiff in the suit, also prayed the court to nullify the outcome of police investigation into the violence that marred the legislative re-run election in the state.
Wike, in the suit, queried the legality of the probe panel that was constituted by the inspector-general of police.
The inspector-general had set up the panel to uncover those who masterminded violence and other electoral malpractices during the re-run election.
The panel, which also had personnel of the DSS as members, was chaired by Damian Okoro, a deputy commissioner of police.
Although the state government was asked to appear before the panel, it boycotted the hearing.
It then filed a suit at the high court challenging the “illegality” of the panel.
In law, it is said that what has not been epressly prohibited by a statute is permissible. I am of the view that in carrying out his Statutory powers of arrest,investigation and prosecution, the IGP may use and engage officers within and without his command to carry out the same. In the instant case, the plank for the court’s decision may be a ground for the court of appeal to set aside that judgment.