Wednesday, 27 September 2017

Wike’s legal battle against IGP, EFCC, SSS begins Nov 15

A Federal High Court in Abuja, yesterday, fixed November 15for hearing on a suit filed by Rivers State Governor, Mr Nye­som Wike, against the In­spector General of Police, the Nigeria Police, the Economic and Financial Crimes Commission and the State Security Ser­vice.

Wike in the suit marked FHC/ABJ/CS/383, 2017, is urging the court to restrain the Inspector General of Po­lice, Police, including the Economic and Financial Crimes Commission, the State Security Service (SSS) and their agents from searching any of his houses whether in Abuja or any other part of the country.
The governor, through his counsel, Sylva Ogwe­moh (SAN) is praying the trial judge, Justice Ahmed Mohammed a declara­tion that by virtue of the provision of Section 308 of the Constitution of the Federal Republic of Ni­geria 1999 (as amended), 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, Nigeria.
At yesterday’s proceed­ings, however, the matter could not go on as parties were yet to file and effect some of their processes.
Addressing the court when the case was called, Wike’s lawyer, William Attah, informed the court that the matter could not proceed and asked for an adjournment.
In a short ruling, Justice Mohammed granted the request and consequently adjourned hearing of the suit to November 15, just as he directed that hearing notice should be issued on the 4th respondent.
In the suit, Wike raised three questions for the court to determine.
In the first place, the plaintiff wants the court to determine: “Whether Section 308 of the Con­stitution of the Federal Republic of Nigeria 1999 (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, Nigeria.
In an affidavit in sup­port of the originating summon deposed to by one Emmanuel Aguma (SAN), it was 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.

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