… Says it lack such power
By: Felix Ikpotor
A civil society group, International Society for Social Justice and Human Rights, ISSJHR, has challenged the powers of the Rivers State government to set-up a commission of inquiry into the conduct of the December 10, 2016, rerun legislative elections in the state.
To this end, the group has filed a suit against the state government in a Port Harcourt Federal High Court.
Chancellor of the body, Chief Omenazu Jackson while briefing newsmen in Port Harcourt said the action of the government runs foul of extant laws of the country.
“We have deceided to approach a court in Rivers State to challenge the illegality of the Rivers State Commission of Inquiry into the December 10, 2016 Rivers legislative rerun because it runs foul of the grand rules and norms of the country,” he said.
Explaining further, Director, Legal Services of the organization, Barr. Paul Nwankoala said the action of the Rivers State government is an attempt to breach the laws of the nation.
“ We raelised that certain provisions of the Electoral Act and 1999 Constitution (as amended) has been breaced by the action of the government,” he said.
The body contended that the setting up of the commission amounts to an attempt by the Rivers State Government to investigate a federal agency such as the Independent National Electoral Commission, INEC, and the Nigerian Police Force, stressing that the powers to investigate a federal agency rests with the federal government through its agencies.
ISSJHR argued that only the police have the power to investigate crime, pointing out that the Electoral Act stipulates how electoral offences can be investigated and tried.
The body is asking the court to determine if the state government has the power to set up such a panel.
The reliefs sought by the body includes a declaration that the Rivers State Government lacks the requisite power to set up such a panel, declare that the commission of inquiry set up by the goverment is illegal, null and void and an interlocutory injunction restraining the panel from going ahead with the investigation and making any recommendation.
The civil society group expressed the hope that their suit would sail through as their action is backed by the relevant laws of the country.
