Governor Nyesom Wike of Rivers State has approached the Federal High Court in Abuja with a suit seeking to restrain the Inspector-General of Police (IGP), the Economic and Financial Crimes Commission (EFCC) and the Department of State Services (DSS) from conducting a search in his homes.
While praying the court to declare that it would violate his constitutionally guaranteed immunity if his houses are searched, the governor wants the court to declare that by virtue of the provisions of section 308 of the Constitution, the defendants or their agents cannot apply for, obtain, issue or in any way or manner howsoever execute any court process requiring his appearance.
The governor, in the suit filed through his counsel, Sylva Ogwemoh (SAN) alleged that the defendants intend to raid his Abuja residence so as to incriminate him in an unspecified crime through the recovery of huge sums of money, firearms and expensive wrist-watches.
He is praying for a, “A declaration that by virtue of the combined effect of section 308 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and sections 149 (1) and 150 of the Administration of Criminal Justice Act (ACJA) 2015, 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 search warrant at the residence of the Plaintiff in Abuja or in any of the Plaintiff’s 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, Nigeria.”
He equally seeks an order that the Defendants cannot, by the combined effect of section 308 of the Constitution and sections 149 (1) and 150 of ACJA apply for, obtain, issue or in any way or manner whatsoever execute any search warrant at the residence of the Plaintiff in Abuja or in any of the Plaintiff’s residence in any other place or locations in Nigeria during the continuance of the Plaintiff’s tenure of office as the Governor of Rivers State, Nigeria.
“An order that any purported Court process or any application for any court process, search warrant or any process of Court by whatever name so called obtained by or being sought to be obtained by the Defendants, their servants, agents, privies, officers or howsoever in so far as such court process or search warrant would have the effect of compelling or requiring the presence of the Plaintiff in the course of such application and/or its execution while the Plaintiff occupies the office of the Governor of Rivers State, Nigeria is invalid, null, void and of no effect whatsoever.
“An order of injunction restraining the Defendants from applying for, issuing, entering upon the residence of the Plaintiff in Abuja or anywhere else in Nigeria by virtue of a search warrant or any Court process whatsoever which shall compel or require the physical presence of the Plaintiff who is currently the Governor of Rivers State, in order to search the said residence of the Plaintiff and to remove from such residence/premises any items whatsoever during the tenure of the Plaintiff as Governor of Rivers State in contravention of the Plaintiff’s immunity as preserved by section 308 of the Constitution.
In an affidavit in support of the Originating Summons, a Senior Advocate of Nigeria (SAN), Emmanuel Chinwenwo Aguma, who deposed to it, said he knows Wike, who was sworn in as Rivers State Governor on May 29, 2015 for a four year term.
“On Saturday, April 29 2017, the Plaintiff held a Press Conference at the Government House Port Harcourt where he stated unequivocally that the Inspector-general of Police, the Defendant 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.
“The intendment 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 wrist-watches.
“The Plaintiff, Nyesom Wike, informed me at his residence situate at Ortega Close, Hassan Usman Katsina Street, Asokoro Extension, Abuja at about 8pm on Monday May 1, 2017 and I do believe him that the contents of the newspaper report as to what he said is true.
“I was further informed by the Plaintiff at his residence situated at Ortega Close, Hassan Usman Katsina Street, Asokoro Extension, Abuja on May 1, 2017 that the Defendants had commenced 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 residence of his in Port Harcourt, Rivers State Nigeria.
“I know as a fact that a search warrant is a process of Court. I also know that the Plaintiff or his privy is obligated to be present during the conduct of the search at his premises. I further know as a fact that the owner of a building is obligated to give unhindered access to his premises to the Defendants while the Defendants are executing a search warrant.
“If not restrained by an order of the Court, the Defendants shall proceed to execute the said search warrant. The Plaintiff at the place and time hereinbefore stated informed me, and I do believe him that he has not committed any criminal offence; he is vested with Constitutional immunity; the actions of the Defendant shall violate his Constitutional immunity; the Defendants are witch hunting him to silence him and tarnish his hard-earned reputation.”
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