Fidelity bank card banner Camano banner
Court bars Police, EFCC, DSS, from searching Wike’s houses

By Wandoo Sombo on 16/05/2018

Views: 638

•DSS operatives
•DSS operatives

The Federal High Court Abuja has barred the Nigerian Police, the EFCC and the Department of State Security Service, (DSS) from searching houses belonging to Gov. Nyesom Wike of Rivers.

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

Delivering 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 said that from the combined reading of Section 308 of the constitution, and sections 149 and 150 of 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 that a person covered by the provisions shall not be arrested, and thirdly, any process of 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 said 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 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.

“A declaration that by virtue of the combined effect of section 308 of the Constitution and sections 149 and 150 of 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 News Agency of Nigeria (NAN) reports that 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.

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

 

 

Source News Express

Posted 16/05/2018 7:36:52 PM

 

 

CLASSIFIED ADS

 

You may also like...
Dakuku Peterside calls for sacrifices to make Nigeria...

Mu’Azu leads PDP National Working Committee to Orji...

Buhari planning to run away from Saturday’s presidential...

Nuhu Ribadu rejoins APC

NiMet predicts nationwide rains, thunderstorms on Sunday

External forces behind Biafra agitation — Gambian Envoy...

HAPPENING NOW: Buhari hands over to Osinbajo, goes...

Funke Akindele turns shoemaker

Commissioner tasks NTA Management

Buhari is the kind of leader Nigeria needs...

Stop linking herdsmen with Benue killings, JNI tells...

Libya coach quits ahead of AFCON qualifier in...

 

Latest News Angry man destroys cars at Nigerian High Commission in London over passport Protest as land grabbers sack Ogun villages, install traditional ruler Woman who wanted $1m fake notes defrauded N700,000 Election Tribunal: Obi raises hope of victory •Says INEC must provide server used for polls China opens door to more Nigerians, promises to facilitate visa issuance 5 feared dead, several injured as hoodlums clash during Egungun festival in Ibadan Edo Assembly: Call Obaseki to order, members-elect tell Buhari We’ve broken monopoly of WAEC, says NECO Boss Imo Assembly to begin recovery of ‘stolen’ govt property Foreign Direct Investment into Nigeria has not dropped — CBN Brain disease kills 97 Indian children, ‘heat curfew’ imposed Gov. Abiodun inaugurates committee to review Amosun’s last-minute promotion of Obas

 

Most Read NUDE PHOTO OF OMOTOLA JALADE-EKEINDE surfaces online (494,582 views) Nigerian female sex addict opens up, says ‘I like it with both men and women’ (425,561 views) Shameless Genevieve Nnaji exposes breasts in public (365,403 views) Finally named: The full list of friends of Nigerian female sex addict who prowled Facebook (312,052 views) OLUMBA OLUMBA OBU (the one who called himself God) IS DEAD (276,306 views) Igbo scholar disgraces Femi Fani-Kayode •Demolishes claims on Igbo/Yoruba history with facts and figures (244,037 views) Breaking News: POPULAR REVEREND CONVERTS TO ISLAM in Kaduna (Nigeria) (234,015 views) OBJ’s son reported dead in Lagos plane crash •Names of more victims emerge (215,908 views) 10 cars more expensive than Jets (212,858 views) My wasted years in Olumba Olumba Obu’s Evil Brotherhood (204,494 views) Lagos plane crash: Journalist releases victims’ names (184,560 views) THE FINAL DISGRACE: Igbo scholar unleashes more facts about Igbo/Yoruba history, finishes off Femi Fani-Kayode with second article (183,888 views)

 

NNPC Financial reports February 2019

CBN banner advert

UBA Wise Savers Promo

 

Categories Advertorials (3) African Press Organisation (81) Art & Literature (93) Business & Economy (4,312) Business Verdict (73) Columnists (1,051) Complaints & Requests (95) Enterprise & Opportunities (209) Entertainment (623) Features (761) Global Business Monitor (379) ICT Monitor (53) International (3,598) Interview (184) Live Commentary (30) Love Matters (162) Maggie's Blog (302) News (47,456) Opinion (1,260) Pidgin (17) Politics (11,032) Religion (1,023) Sports (2,044) Stock Watch (39) AMA & Al Jazeera Global Update

 

 

 

 

 

APO Group Partner

 

 

CLASSIFIED ADS

GOCOP Accredited Member

GOCOP Accredited member

 

 

Africa Media Agency and Al Jazeera