Justice Emeka Nwite has adjourned till March 25, Ruling on a motion seeking to set aside an arrest warrant against the Chief of Staff (CoS) to the Rivers State Governor, Hon Edison Ehie, and five others.
The judge adjourned after hearing arguments from parties in the suit on Monday.
While the counsel for the defendants prayed the court for an order to restrain the plaintiff from carrying out the order, the prosecution prayed the court to dismiss the application.
The defendants are being prosecuted by the police for their alleged involvement in the burning of the Rivers state’s House of Assembly and attempted murder.
They were also arraigned before Justice Bolaji Olajuwon of the Federal High Court in Abuja on 7-count charges in a separate suit marked FHC/ABJ/CR/25/2024
Background
The court had on January 31, granted an arrest warrant following an application from the Inspector of Police.
Justice Nwite granted the order following an ex-parte motion filed by the Inspector-General of Police through his counsel, S.A. Lough.
Mr Lough, had informed the court that the six defendants were at large and needed to be arrested to defend charges against them.
He said the charges included alleged terrorism, attempted murder, and murder of a Superintendent of Police, SP Bako Agbashim, and five police informants.
What happened in court today
Counsel for the defendants,Femi Falana (SAN) and Mr Oluwole Aladedoye (SAN) had filed separate motions asking the court to set aside the arrest warrant as well as restrain the police from carrying out the order pending the determination of the case.
At the resumed hearing, Ehie’s counsel , Oluwole Aladedoye (SAN) informed the court that the police never invited Mr Ehie for questioning.
He said “ They got an order to arrest someone they never invited and to declare someone who was never invited, wanted.”
He also raised the issue of jurisdiction, stating that the court had no jurisdiction to entertain the matter as the incident happened in Rivers.
He noted that the police are supposed to file at the judicial division the alleged offence was committed.
Femi Falana, Counsel to the 2nd-6th defendant also argued submitted that the law stipulates that an offense shall be tried where it was committed.
He said the allegations raised are state offenses that could not be entertained at the federal court in Abuja without a fait from the Rivers State attorney-general.
He pointed out that reinforcing the terrorism allegation against his clients was unnecessary. He emphasized that the entire written address supporting the application lacked any mention of terrorism.
He noted that without a valid and pending charge, a warrant of arrest cannot be issued. He urged the court to set aside the ex-parte order made on January 31.
The prosecution counsel prayed the court to dismiss the application for stay of execution of the January 31 order.
He argued that the application was not made in consideration with the rules of the court.
He said “Therefore the submissions of the defendants that it’s a civil matter and warrant of arrest cannot be issued on a civil matter is not correct.”
He submitted that by virtue of session 47 of the ACJA a warrant can be issued by a federal high court sitting anywhere in nigeria for execution in any part of Nigeria.
He noted that no law states that a charge must be filed before an arrest warrant can be issued.
He said My lord can issue an order because of the complaint brought by the police officer.
Court’s decision
After listening to submissions and arguments from counsels in the suit, Justice Emeka Nwite adjourned till March 25 for ruling on the application.