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.
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.
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.
Tags
Politics
Counsel Nwafor u are talking nyanya mpu, lol. Chidi Lloyd deserves every bit of ill-treatment given 2 him. Amechi shud come n rescue him naww!! Nonsense!! If u survive dis one,next time u wil use ur head Chidi Lloyd.
ReplyDeleteThis is too small 4 him as far as I'm concerned. Idiot Nwafor talking bcos ur pocket is full with tax payers money.
ReplyDeleteImpunity is cacable of destroying our democracy. Impunity shuld nt cover crimes so Chidi Thug u shld face d music
ReplyDeleteImpunity is cacable of destroying our democracy. Impunity shuld nt cover crimes so Chidi Thug u shld face d music
ReplyDeleteHello ppl, pls I wan 2 no if it's did chidi loidd dat was hitin someone wit a mess? If yes den... Pls I need an answer b4 I conclud.
ReplyDeleteAm sure non here have a cle of wat is happening is better u all read n shrtup
ReplyDeleteThey don't knew atall, dt chidi lloyd fought 4 his right.
ReplyDeletePolitically u're nothing,u and ameachi are fighting an istitution like d police,the presidency,obio-akpo etc.u keep insultin d president of d FRN,bcoz u're use to playing local politice.
ReplyDeleteI am not against police arresting Lloyd,but I am against why the police been hiding chidi alone in they custody,both should invited for fair hearing not only Llyod
ReplyDeleteWhat do u mean by both? Are u saying d Chinda that he almost killed should be arrested? He claimed Bipi beat him 2 pulp but in d video we all have Chidi did not even receive a slap. What has Chinda done 2 warrant this? Imagine a situation where d Amaechi will order his CS0 & ADC 2 join hands in beating a bleeding man already. Do u have Consciense at all? May God open ur hearts 2 think aright.
ReplyDelete