Local Government Chairpersons in Rivers State have filed a new lawsuit at the Federal High Court in Abuja, requesting the Inspector General of Police (IGP) and the Director General of the Department of State Service (DSS) to provide them with sufficient security.
They argue that as per Section 215 of the 1999 Constitution and sections 4, 7, and 9 of the Police Act 2020, the IGP, DSS, and other security agencies have a statutory duty to ensure their safety and well-being.
In a legal document initiated on their behalf by Mahmud Abubakar Magaji, SAN, the council chairpersons also urge the court to mandate the Attorney General of the Federation (AGF) to not permit any laws other than those enacted by the State House of Assembly to be enforced for local governments in Rivers State.
The chairpersons express concerns about alleged threats by the Rivers State Government indicating a reluctance to implement or enforce laws passed by the State House of Assembly for the local governments.
They have presented seven key issues for the court to address in resolving their complaints.
One of the questions posed to the court is: “Are the IGP, CP Rivers, SSS, Director, SSS, and other security agencies not legally obligated to ensure the security and welfare of the council chairpersons in accordance with the Constitution and relevant laws?”
Furthermore, they question whether these security agencies are mandated to uphold and enforce all laws and regulations established by the Rivers State House of Assembly.
The chairpersons seek clarification on whether the defendants are required to recognize and enforce the Rivers State Local Government (Amendment) Law No. 4 of 2024 passed by the Rivers State House of Assembly.
They also inquire if the local government councils in Rivers State, as the third tier of government with constitutional recognition and autonomy, are entitled to allocations from the Federation Account under the Constitution.
If the court rules in their favor, the chairpersons request a declaration that the security agencies are legally bound to provide security and welfare for them and their properties.
They further request a declaration that these agencies are obligated to recognize and enforce all laws, including those enacted by the Rivers State House of Assembly.