Justice Ahmed Ramat Mohammed of the Federal High Court sitting in Abuja on Wednesday adjourned hearing into a suit filed against the Nigerian Police Force by governor, Nyesom Wike of Rivers State.
Wike had on June 5, 2017 approached the court with a suit seeking to restrain the Inspector General of Police, the Nigeria Police Force, 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.
Recalled that hearing in the matter was stalled in November because the third defendant, the EFCC was not served with hearing notice and the matter could not hold yesterday because of the absence of one of the defendants because he had not been served with hearing notice of the matter.
After confirming with the court bailiff that the fourth defendant (the DSS) in the matter was not served hearing notice, the trial Judge then asked counsel in the matter to agree on a date that all the defendants in the matter will be in court for the hearing of the matter.
Counsel to the Police, David Ighodo, in his submission, asked the court to proceed with the matter, despite the absence of the fourth defendant in court on the ground that the fourth defendant had no business in the matter.
The Police counsel said although, the Supreme Court has settled the case of immunity for elected governors, nothing has been said regarding a planned search warrant executed in the residence of an elected official.
Reacting to Mr. Ighodo’s submission about the fourth defendant, Justice Mohammed said the court is duty bound to give all parties in a matter the right to fair hearing.
He explained that although his court will not force the fourth defendant to court, the duty of the court to grant parties an opportunity of fair hearing makes it compulsory that a notice of hearing be served on all parties.
The judge also said it was not yet time to entertain arguments regarding the matter, adding that the court will only take submissions of counsel, regarding the possibility of actions from the hearing, when the case is being heard.
The court then adjourned till February 22, 2018 for hearing and ordered that hearing notice be served on all the parties in the matter,
Wike wants the court to declare that, by virtues of the provisions of Section 308 of the 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 his appearance as the current the Governor of Rivers State.
He is also seeking a declaration that by virtue of the combined effect of section 308 of the Constitution and section 149 and 150 of Administration of Criminal Justice Act 2015, the defendants cannot execute any search warrant at any of residence in in Nigeria.
The Plaintiff also wants 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, in order to search the said residence of the Plaintiff in contravention of the Plaintiff’s immunity as preserved by section 308 of the Constitution.