The Governor in the suit numbered FHC/ABJ/CS/383,2017, filed by is counsel, Sylva Ogwemoh (SAN), raised three questions for the determination of the court.
Wike in the suit, which is being handled by Justice Ahmed Ramat Mohammed 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 the plaintiff, who is the current governor of Rivers State.
“Whether the defendants can, by combine effect or section 308 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and sections 149 and 150 of the Administration of Criminal Justice Act (ACJA) 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 plaintiff or his privy in the course of the execution of such search warrant.
“If the answer to question 2 above is 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 Constitution where the issue and or execution of such search warrant would compel and or require the presence of the Plaintiff”.
The Governor is seeking reliefs jointly and severally against the defendants, a declaration 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 the appearance of the plaintiff who is currently the Governor of Rivers State, Nigeria.
Wike also seeks 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 section 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, 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.
A 24-paragraph affidavit in support of the originating summon disposed to by one Emmanuel Chinwenwo Aguma (SAN) averred that Wike is the Governor of Rivers State elected on the platform of Peoples Democratic Party (PDP) and sworn into office on 29th May, 2015 for a term of four years. He said 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 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 intendment of the raid according 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.
When the case came up on Monday, defence counsel sought for time to file their responses and the court subsequently adjourned till September 26, 2017 for trial.
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