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From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has vacated the order for the arrest of the Chief of Staff(CoS) to Governor Siminalayi Fubara of Rivers State, Edison Ehie and five others.
Justice Emeka Nwite had, on January 31, while delivering a ruling in an ex-parte application brought by the prosecution counsel for the Inspector General of Police (IGP), Mr. Simon Lough, (SAN), issued a warrant for Ehie’s arrest and five others over their alleged involvement in the burning of the Rivers State House of Assembly building on October 29, 2023.
Aside from Ehie who was hitherto the factional Speaker of the Rivers State House of Assembly and a loyalist of governor Siminalayi Fubara, those the court ordered their arrest, are; Jinjiri Bala, Happy Benedict, Progress Joseph, Adokiye Oyagiri and Chibuike Peter a.k.a Rambo.
The order followed an ex-parte application that was brought before the court by the Inspector General of Police, IGP
The application was predicated on sections 37, 113, 114, 84 and 184 of the Administration of Criminal Justice Act (ACJA) 2015 and section 35 of the 1999 Constitution, as amended, as well as section 32 of the Police Act 2020.
Deputy Commissioner of Police, DCP, Mr. Simon Lough, SAN, who moved the application on Wednesday, told the court that the six defendant are currently at large.
He told the court that the defendants were involved in conspiracy, arson, terrorism, attempted murder and murder of a Superintendent of Police, SP Bako Agbashim and five other police informants in Rivers State.
Police gave names of the deceased informants as; Charles Osu, Ogbonna Eja, Idaowuka Felix, Paul Victor Chibuogu and Saturday Edi.
The court held that it was persuaded by submissions of the police lawyer as well as an affidavit that was attached in support of the application marked: FHC/ABJ/ CS/12/2024
But in his ruling on Thursday, Justice Nwite, held that the court lacked the jurisdiction to have granted the order and at the time the arrest warrant order was made, as there was no pending charge before the court.
Justice Emeka Nwite said, “That the order made by this Honourable Court on the 31st day of January, 2024 for the Warrant of Arrest of the Defendants/Applicants and to have them declared wanted is made without jurisdiction and same is hereby set aside.”
Counsel to the respondents, Oluwile Aladedoye, had argued that the court should stay execution of the judgement pending the hearing and determination of the motion seeking to set aside their warrant of arrest.
