Local Government chairmen in Rivers State have approached the Federal High Court in Abuja, seeking an order compelling the Inspector General of Police and the Director General of the Department of State Services to provide adequate security for their lives and property.
The LG chairmen, in fresh originating summons filed before the court, alleged a threat to their lives by the Governor of Rivers State, Siminalayi Fubara.
They alleged that Fubara had boasted that he would not implement the Rivers State Local Government (Amendment) Bill recently passed by the state House of Assembly.
The new law, passed by lawmakers loyal to Fubara’s estranged political godfather, Nyesom Wike, stripped the governor of the power to replace LG chairmen with caretaker committees.
Fubara had recently stated that he was aware that the LG chairmen in the state were not loyal to him, saying such LG chairmen were digging their pits.
In the suit filed through their lawyer, Mahmud Magaji (SAN), the Rivers LG chairmen said the police and the DSS had the obligation to provide them with security going by the provisions of sections 215 of the 1999 Constitution.
The plaintiffs in the suit are Dr Chidi LLoyd, (Chairman, Emohua LGA); Alwell Ihunda (Chairman, Port Harcourt LGA); Dr Nwanosike Samuel (Chairman, Ikwerre LGA); George Ariolu (Chairman, Obio-Akpor LGA); Dr Obbinna Anyawu (Chairman, Etchi LGA); and Chidorom Nwaiwu (Chairman, Omuma LGA).
Others are Dr Hope Ikiriko (Chairman, Ahoada West LGA); Benjamin Eke (Chairman, Ahoada East LGA); and Dr Roland Sekibo (Chairman, Akuku-Toru LGA); among others.
Among other prayers, the council chairmen also prayed the court to compel the Attorney General of the Federation to ensure that only the laws passed by the Rivers State House of Assembly were enforced in the state.
The originating summons was supported by a 29-paragraph affidavit deposed to by the Chairman of Emohua LGA, Dr Chidi LLoyd, on behalf of the 41 local government chairmen.
They are asking the court to determine “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 councils in Rivers State are not constitutionally recognised and autonomous as the third tier of government and thereby entitled to allocation from the Federation Account.”
They 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 defendants in the suit are the IG, Rivers Commissioner of Police; Director General of the DSS; Director, DSS Rivers, AGF, Chairman Revenue Mobilisation Allocation and Fiscal Commission, Rivers State Government; Rivers State Attorney General and the Commissioner of Finance in Rivers State.
Justice James Omotosho of the Federal High Court in Abuja had last Friday made an order stopping 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 LG chairmen.
