Femi Falana, SAN, Warns IGP Against Abandoning Rivers State – Malachy Ugwummadu

Malachy Ugwummadu, a lawyer and human rights activist, has claimed that the prominent Senior Advocate of Nigeria, Femi Falana, wrote to Inspector General of Police (IGP) Kayode Egbetokun, warning that it would be illegal to abandon the local government election in Rivers State. Ugwummadu emphasized that the police, as the primary law enforcement agency in the country, should be aware of the pertinent facts surrounding the case.

He noted that the Action Peoples Party (APP) had appealed the Federal High Court’s judgment and filed an application for a stay of execution, which grants them immunity from any contempt of court orders. Ugwummadu criticized the police for not seeking guidance from their internal legal team or contacting the Attorney General of the Federation, who is responsible for providing legal advice to government agencies. He asserted that a court order does not override the constitutional duties of the police, and they should not use it as a rationale for neglecting their responsibilities.

In an interview with Arise TV, Ugwummadu stated, “SAN Femi Falana articulated the position of the law and wrote directly to the IGP, warning that it would be completely unconstitutional and illegal to abandon Rivers State. The facts are clear to the Nigerian police, as the APP had appealed the Federal High Court’s judgment.

Moreover, they not only appealed but also filed an application for a stay of execution of that judgment. According to the law, when a party takes such steps, it grants them immunity from any form of contempt of court order. In other words, you cannot be accused of contempt based on a right you are contesting and have appealed against. The police should have known this and could have sought advice from senior lawyers.

The simplest course of action would have been for them to consult their internal legal team or contact the Attorney General of the Federation, who has the constitutional responsibility to provide quality legal advice to government institutions.”

You can start watching the video from minute 14:56.