RIVERS CRISIS: Chidi Lloyd brought back to P/Harcourt blindfolded

By Jimitota Onoyyme P/Harcourt

THE Department of State Services, DSS yesterday raised a preliminary objection to the application filed by the Majority leader of the Rivers state House of Assembly, Hon Chidi Lloyd challenging his invitation by the Police over his alleged role in the recent fracas in the hallowed chambers of the Assembly.

The Majority leader in his application on matter of fundamental rights filed by his Counsel, Bello Olisa Nwafor, SAN, had among other things sought an order of the court to set aside the “declaration made by the Police on 17/7/2013 with the authority/connivance of the respondents declaring the applicant as a wanted person by the police, the said declaration being unlawful, ultra vires, unwarranted, illegal and unconstitutional, null and void.

“A declaration that whatever that happened or transpired on the floor of the Rivers state House of Assembly on the  09-07-2013 with respect to the illegal taking over of the House by the  five members of the Rivers state House of Assembly through the use of thugs, hoodlums, and ex militants armed with AK47 assault rifles and actively backed by the men of the Nigeria Police was done in defence  of the applicant’s right to life under section 33(1) of the constitution of the Federal Republic of Nigeria 1999 as amended”

“A declaration that the applicant has the constitutional right of immunity in anything said or done on the floor of the Rivers State House of Assembly and in particular  as the Leader of the House in a bid to restore  sanity, peace and order in the hallowed chambers of the Rivers state House of Assembly on the 09-07-2013 and therefore cannot be invited, arrested, interrogated , investigated and or prosecuted by the respondents or anybody whatsoever”

His counsel had argued in court that the police violated the immunity of his client by inviting him and subsequently declaring him wanted. According to his Counsel, Nwafor,  the police allegedly stormed the residence of his client with lorry loads of Policemen, an act he sought the court to declare as a violation of the rights to privacy of his client.   He argued that his client was entitled to immunity from the Legislative House Act.

[caption id="attachment_405771" align="alignnone" width="412"] Chidi Lloyd[/caption]

Meantime, in the preliminary objection filed by the DSS, its Counsel, Mr Dike Udena among other things argued that a State High Court lacked jurisdiction on the relief sought by the applicant.  The principal relief sought by the applicant do not relate to rules of this court, so they are matters for a Federal High Court”, he said

He further argued that the immunity claimed by the applicant was not a fundamental right, adding that even if it was available to him, the immunity does not cover acts of violence and crime committed on the floor of the House and outside.

“Also there is a difference between investigation and institution of proceedings. According to the Supreme Court on Fawehinmi in a case involving Bola Tinubu, “a person who has immunity can be investigated. Immunity only covers prosecution . So whichever way, the case is incompetent. The court should dismiss it”, he pleaded.

On his part, Donald Wigwe, SAN, Counsel of the first to fourth respondent which is the Police argued that the applicant has no immunity for crimes, adding that legislative immunity only covers words spoken and written while functioning as a law maker.

Earlier, Counsel to Lloyd had challenged the preliminary objection filed by the DSS, ie the 5th respondent, arguing that it should be thrown out since it did not come as motion on notice.

The trial Judge, E. Teetito adjourned the matter to 6th August for ruling.

Chidi Lloyd brought into the state blindfolded

Meantime, Hon Chidi Lloyd was brought into the state yesterday by security men. At press time, Saturday Vanguard could not establish contact with him.  His Counsel, Nwafor, SAN,  said he was worried over the safety of  his client because  of the way the Police  was allegedly treating him.  He said  Hon Lloyd was driven in, blind folded and driven in a Black Maria from the Port Harcourt International Airport.

“Because of my client’s information  to me that he was detained at the Force Headquarters above the one-day that  was allowed, Chidi Lloyd was flown into Port Harcourt yesterday, and instead of bringing him to court to defend himself ,  we found, he was blindfolded and we  don’t know what is happening to him. There is genuine fear for his life.

“If the Police have nothing to hide, they would have brought Chidi Lloyd to court this morning.  He is still not brought to court till about 5pm. Even an armed robber is brought to court in a Black Maria, so why won’t  he (Chidi) be brought to court.  If he is brought to court, then, we will know  that he  is alive.

“The Chief Justice of the Federation has made rules that we are following at the Federal High Court and the High Court and both have concurrent jurisdiction to hear fundamental rights application”  Nwafor said.

Emenike Ebete  who is also one of his lawyers said it was sad that the Police was yet to arraign the lawmaker  twenty four hours after he went to the  Force  Headquarters, Abuja . Continuing, he  corroborated claim by Nwafor,  that  his client was blindfolded when he arrived Port Harcourt, adding that  at the moment, he could not say where he was. He further expressed deep worries over his security.

“We arrived Port Harcourt at 8.45am this morning and over 500 policemen escorted Chidi Lloyd from the Port Harcourt Airport to the office of the Commissioner of Police.  He was blindfolded when he  alighted from the Black Maria as if he was a common criminal.  He walked into the CP’s office and spent about three minutes. After that, we don’t  know his where about.”

Saturday Vanguard gathered that there were plans to prosecute Hon Lloyd  over the  fracas on the floor of the House of Assembly recently.

On his part, the member representing Andoni/Opobo Nkoro Federal Constituency, Rivers State in the House of Representatives, Hon Dakuku Peterside condemned the  alleged torture of Hon Lloyd by Police in the state  yesterday.

“This is not only condemnable but regrettable. Rivers State Police Command under Mbu seems not to be  bothered by the fact that any evidence that is obtained by force, torture, intimidation or by any form of abuse is not admissible in the court of law, and this is unfortunate.

“This inhuman conduct by Rivers State Police Command is not only a gross abuse of the fundamental human rights of the accused but further confirms our fears that Mbu is out to eliminate Lloyd who has been subjected to horrific ordeal since his return to Rivers State.

“This ugly development in our country today is anti-thetical to the Geneva Convention which expressly demands that countries take  effective measures to prevent torture within  their borders. Other international laws also confirm that torture and other mistreatment of persons in custody are also prohibited in all circumstances under international human rights law.

This, no doubt, is diminishing and a major setback to our nascent democracy.

“The Police High Command should do the needful and stop subjecting the accused to this inhumanity until full investigation into the crisis is concluded. He has neither been convicted of any offence nor condemned to perpetual incarceration in police custody by any court of law,” Peterside said in a statement by his media aide,  Sylvester Asoya.

The statement further lauded the Inspector General of Police, for the way Hon Lloyd was allegedly treated while at the Force Headquarters, Abuja.

On his part, the Deputy Speaker of the House of Assembly, Hon Leyii Kwanee also expressed worry over  the whereabout of Lloyd.

“ There are dangers of his where about.  You can recall the case of Abiola, when he was arrested and held in custody, few days after he was released, he  died.  So, we  don’t know  what the police authorities are doing with Chidi Lloyd.  I gathered few hours ago that he was at the Police Officers’ Mess, but now it is about 5pm, Chidi Lloyd is not in court and nobody knows what might happen to him. I was told that he was handcuffed and tortured.  Even if there are assumptions that he committed any crime, he deserves an opportunity to express himself before he can be charged to court.  Nobody has the  right to torture Chidi Lloyd, not to talk of any Nigerian”, Kwanee said

“If you’ll  recall what happened, Chidi Lloyd was invited by the Police Force Headquarters, Abuja for alleged conspiracy.  It is not possible to conspire with oneself.  Who are the conspirators? I have spoken severally that there is a grand plan, a design to undermine democracy in Rivers State.  There are elements that  are anti-democratic, working to undermine  the developmental efforts of Governor Amaechi.  It is the grand plan by those who are against the progress of the current administration.  There is development everywhere, but, the enemies are at work”, he said.

Our position on Rivers crisis - Presidency

BY HENRY UMORU
ABUJA— The Presidency yesterday declared that the crisis in Rivers State does not pose any threat to the nation’s democracy. It said Nigeria remains peaceful and cannot in any way be threatened by political developments in the State.

Addressing newsmen in Abuja yesterday, Senior Special Assistant to President Goodluck Jonathan on Public Affairs, Dr Doyin Okupe, said Rivers State is peaceful and calm with residents going about their activities under peaceful atmosphere.

The position of the Presidency on developments in Rivers State icame in spite of the lingering political logjam in the state that resulted in near-impeachment of the Speaker of the state House of Assembly, Otelemaba Amachree and a free-for-all in the House penultimate week. The House Leader, Chidi Lloyd; and two other lawmakers — Michael Chinda and Martins Amahule sustained injuries during the fracas.



The Presidency also carpeted the five Northern governors who paid solidarity visit to Governor Rotimi Amaechi, saying they were more interested in political maneuvering and grandstanding at the expense of the well-being of the people in their states. It however commended another set of governors from the South West who paid a similar visit to Governor Amaechi for their statesmanlike advice to the governor towards finding a lasting solution to the political crisis.

Northern govs spreading fear

Okupe said: “We are compelled to react to the unfolding political drama emanating from recent activities of some governors from the Northern part concerning political developments in Rivers State. These political moves, which are clearly intended to create fear, despair and a sense of apprehension among the citizenry are grossly unfounded, misplaced and a deliberate over-sensationalization of the situation.

“We, therefore, wish to state as follows: Insinuations and statements suggesting that Rivers State is on fire are grossly unfounded. So far, as is evident to every discerning observer of political developments, the state is calm and peaceful. Residents of the state continue to go about their various businesses, religious, social and political activities under peaceful atmosphere. A key pointer to the prevailing peace in the state is the fact that Governor Amaechi, the Chief Executive and Chief Security Officer of the state, felt confident enough to travel to the United Kingdom on official assignment. It is doubtful he would have had the luxury of leaving the country if his state is in turmoil as is being canvassed.

“The situation in Rivers State is purely a localized political matter and has no dangerous or far-reaching consequences for the peace and security of the nation. Since our return to democratic rule in 1999, it is on record that not less than 12 states have witnessed incidents of attempted impeachment of speakers of houses of assembly in Nigeria and none has posed any threat to peace and security in the country even when our democracy was not this established.

“Developments in Rivers State do not pose any threat to our democracy. Our democracy remains robust, alive and well. In politics as in every sphere of human activity, different shades of opinion on issues are not uncommon within the polity but often get resolved either politically or through legal channels. It is, therefore, disingenuous for anyone to suggest that the political disagreement in Rivers State would imperil and ultimately derail our democracy.

The Ogun State example

“We recall that in Ogun State in 2010 after series of sustained fracas and attempts at impeachment and counter impeachment, the Inspector General of Police locked up the House of Assembly for several months. In all that time, nobody in the whole country suggested that the situation was a threat to our nascent democracy, and no state governor went on any solidarity visit.

“Nigeria is not in any way in disarray. As is the case in every country of the world, there may be conflicts of ideas and interests here and there, which in itself is the beauty of democracy and should not by any means be construed to mean that there is chaos in the country or that Nigeria is tilting towards anarchy as some people have claimed. Nigeria remains peaceful and is not and cannot in any way be threatened by political developments in Rivers State.

“It is clear that one of the most potent threats to our corporate existence and sovereignty since independence has been the Boko Haram insurgency. This menace has been confronted frontally with strong determination and focus, which has led to decisive action that has brought about the containment of the menace by the Nigerian military and other security agencies. Most reasonable Nigerians would have expected these governors to be deeply concerned and appreciative of the laudable efforts of the Federal Government, which has brought reprieve from fear as well as comfort and solace not only to the people of the affected areas but also to the entire nation and international community.

"Surprisingly, they appear to be more interested in political maneuvering and grandstanding at the expense of the well-being of the people in their states and the stability of the nation at large”.

The Nigeria Governors' Forum

The Presidency also argued that the issue of the Nigeria Governors Forum (NGF) was like the political development in Rivers State which remains essentially an affair of the 36 state governors. According to it “the outcome of elections in the body is inconsequential to the orderly governance of the Nigerian state by the Presidency. The choice of who becomes leader of the body clearly has no significant ramification on the wider political calculation of who becomes President of the country as events in our recent history bear out.

"We note that the chairman of the NGF in 2011 was clearly at odds with the President. He contested and lost the party’s presidential primaries to the incumbent President of the country who went ahead to be elected President by the overwhelming majority of Nigerians. It is clear therefore that occupying the chairmanship of the NGF does not in any way confer any political influence or advantage as regards who becomes President of the country, neither will it be of any major political significance in the 2015 presidential race as is being bandied about erroneously."

On S-West govs

“We note with satisfaction and appreciation, the subsequent visit by five governors and two deputy governors including Governors Fayemi, Fashola, Aregbesola, Ajimobi and Amosun, who demonstrated high and commendable sense of patriotism and genuine concern for the nation, with very conciliatory disposition and statesmanlike advise to Governor Amaechi towards finding a lasting solution to the political disagreements between the governor and members of the state’s House of Assembly.

“We want to assure Nigerians that the Presidency is not involved in the dispute in Rivers State."