HISTORIC!!! Great Victory As The Unstoppable Rivers State Governor, Nyesom Wike, Defeats The Nigeria Police, EFCC, DSS, In Court

By Amako Nneji May 16, 2018 15:53

HISTORIC!!! Great Victory As The Unstoppable Rivers State Governor, Nyesom Wike, Defeats The Nigeria Police, EFCC, DSS, In Court

The Federal High Court sitting in Abuja, has barred the Nigerian Police, the Economic and Financial Crimes Commission, EFCC, and the Department of State Security Services, DSS, from searching houses belonging to Governor Nyesom Wike of Rivers State.

Wike had in 2017, approached the court, seeking an order of injunction restraining the Police, the EFCC, and DSS, from obtaining a search warrant to search any of his houses.

Delivering the judgement on the matter, on Wednesday, Justice Ahmed Mohammed noted that the defendants were in agreement that the plaintiff, Wike, could not be investigated based on the provision of Section 308 of the 1999 Constitution.

Justice Mohammed stated that from the combined reading of Section 308 of the Constitution, and sections 149 and 150 of the Administration of Criminal Justice Act, ACJA, 2015, three situations had been prohibited.

The first, he said, was the provision that no civil or criminal proceedings shall be instituted against the plaintiff.

He further said secondly, that a person covered by the provisions shall not be arrested; and thirdly, that any process of the court requiring the appearance of a person protected under the provisions shall not be applied.

Justice Mohammed maintained that parties in their submissions lost the purport and intendment of section 308 (1) (c) of the Constitution.

According to him, a careful reading of section 308 (1) (c), shows that the Constitution has prohibited court process requiring the appearance of a serving Governor, before any Investigative Panel.

He held that the argument of the Police and the EFCC, that Wike’s residence could be searched without his presence, was untenable.

The Judge stated that it was wrong for the defendants to import meaning or interpretation not included in section 308 of the Constitution, by the person who drafted the Constitution.

He held that the essence of the section was to accord immunity to a serving Governor, so as not to cause distractions to the Governor, in the act of governance.

The Judge dismissed the objections of the defendants, and held that Wike’s suit had succeeded, because it had merit.

Wike had asked for six reliefs, but the Judge granted three, and said that while one was not grantable, the others were embedded in the ones granted.

“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.

“A declaration that by virtue of the combined effect of section 308 of the Constitution and sections 149 and 150 of the ACJA, the defendants cannot in any manner apply for, obtain, issue, or 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.

“An order that the defendants cannot by the combined effect of section 308 of the Constitution and sections 149 and 150 of ACJA, apply for, obtain, issue, or 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.”

The suit was filed in June 2017, by Mr. Sylva Ogwemoh, (SAN), on behalf of Wike.

Ogwemoh had argued that Section 308 which had to do with the immunity clause, was put in place to allow serving Governors concentrate on the act of governance.

However, the defendants had in opposition, argued that they had the right to search Wike’s residence, even in his absence.

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