Rivers State Governor, Nyesom Wike, has asked the Abuja
division of the Federal High Court to stop Inspector General of Police
(IGP), Ibrahim Idris and two others, from carrying a search on his house
situated at Ortega Close, Asokoro, Abuja and or any of his houses across the
country
In addition, the governor further asked the court for
a restraining order against the IGP, police, including the Economic and
Financial Crimes Commission (EFCC), the State Security Service (SSS) and their
agents from searching any of his houses whether in Abuja or any other part of
the country.
Wike’s action is contained in a suit, No
FHC/ABJ/CS/383,2017, filed on May 4, 2017, by is counsel, Sylva Ogwemoh (SAN).
In the originating summons before Justice Ahmed Mohamed, the
governor urged the court to determine, “whether Section 308 of the 1999
Constitution (as amended) precludes the defendants from applying for and or
obtaining any process of any court requiring or compelling the appearance of
plaintiff who is the current governor of Rivers State.
He is further pressing for the determination of the court as
to whether the defendants can combine effect or Section 308 of the 1999
Constitution (as amended) and sections 149 and 150 of Administration of
Criminal Justice Act 2015 apply for, obtain, issue or in any manner or form
effectively execute a search warrant at the residence of the plaintiff in Abuja
or in any of the plaintiff’s residence in other locations in Nigeria without
the physical presence of the plaintiff or his privy in the course of the
execution of such search warrant.
If the court answer the second question in the
negative, “will the issuing, obtaining and executing of search warrant at the
residence of the plaintiff in Abuja or in any of the plaintiff’s residence in
any other location in Nigeria, not amount to a violation of Section 308 of the
1999 Constitution where the issue and or execution of such search warrant would
compel and or require the presence of the plaintiff.”
Based on the determination of the above questions, Wike is,
therefore, seeking the following reliefs jointly and severally against the
defendants.
“A declaration that by virtues of the provisions of Section
308 of the 1999 Constitution, the defendants cannot whether by themselves,
their servants, agents, officers privies or in any manner howsoever apply for,
obtain, issue or in any way or manner howsoever execute any court process
requiring the appearance of the plaintiff who is currently the governor of
Rivers State.
“A declaration that by virtue of the combined effect of
Section 308 of the 1999 Constitution (as amended) and sections 149 and 150 of
Administration of Criminal Justice Act 2015, the defendants cannot whether by
themselves, their servants, agents, officers, privies or in any manner
howsoever execute any search warrant at the residence in any other place or
locations in Nigeria where the issue and or execution of such search warrant
would compel and or require the presence of the plaintiff who is the governor
of Rivers State.”
Other relief sought by the plaintiff include “an order of
injunction restraining the defendants to issue, enter any of his residence
anywhere in the country by virtue of search warrant or any court process
whatsoever which shall compel the physical presence of the plaintiff who is
currently the governor of Rivers State, Nigeria in order to search the said
residence of the plaintiff in contravention of the plaintiff’s immunity as
preserved by Section 308 of the 1999 Constitution (as amended).
The originating summons was supported by a 24-paragraph
affidavit deposed to by one Emmanuel Aguma (SAN). He averred that Nyesom Wike
is the Governor of Rivers State elected on the platform of Peoples Democratic
Party (PDP) and sworn into office on May 29, 2015 for a term of four
years. He further averred that the plaintiff addressed a press conference
where he unequivocally stated that the IGP, the defendants herein, either
acting by himself or through persons acting on his orders and instructions
which include his servants, agents or privies intend to raid the plaintiff’s
Abuja residence situated at Ortega Close, off Hassan Usman Katsina
Street, Asokoro Extension, Abuja and search same.
Aguma also averred that the intention of the raid, according
to the plaintiff’s press conference, is to incriminate him in an unspecified
crime through the recovery of huge sums of money, firearms and expensive
wristwatches. The deponent told the court that the plaintiff, on May 2,
informed him of moves by the defendants to commence the process of either
applying for, or are in the process of obtaining, or have already obtained a
search warrant to be executed at either his aforementioned residence or some
other residences of his in Port Harcourt, Rivers State. He said if the
defendants are not restrained by an order of the court, they shall proceed to
execute the said search warrant.
While stating that he believes the plaintiff has not
committed any criminal offence and is also vested with constitutional immunity,
the deponent stated that the actions of the defendant shall violate his
constitutional immunity.
He added that the defendants are only witch-hunting the
plaintiff in order to silence him and tarnish his hard-earned reputation.
When the case came up yesterday, defence counsel, however,
sought for time to file their responses.
The court subsequently adjourned till September 26 for
commencement of trial.
By Godwin Tsa
