In a fresh suit, Local Government Chairmen in Rivers State have asked the Federal High Court in Abuja to compel the Inspector General of Police, IGP, and the Director General, Department of State Service, DSS, to provide them adequate security.
They claimed that under Section 215 of the 1999 Constitution and sections 4, 7 and 9 of the Police Act 2020, the IGP, DSS and other security agencies are under statutory obligations to ensure their security and welfare.
In an originating summons instituted on their behalf by Mahmud Abubakar Magaji, SAN, the council chairmen also asked the court to compel the Attorney General of the Federation, AGF, not to allow any other laws to be implemented for local governments in Rivers State, other than the ones enacted by the State House of Assembly.
In the originating summons, the Chairmen said that they predicated their fears on alleged threats by the Rivers State Government that it will not implement or enforce the laws made by the State House of Assembly for the local governments.
They formulated seven major issues for the court to determine in resolving their grievances.
Among others, the chairmen 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 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 are not bound to recognize 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 recognize and enforce Rivers State Local Government (Amendment) Law No. 4 of the 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 coincils in Rivers State are not Constitutionally recognized 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, DSS, and Director, DSS, 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, DSS and Director, DSS and other security agencies are bound to recognize and enforce all laws and regulations inclusive of the one made by the State House of Assembly of Rivers State.
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