A Federal High Court in Abuja has set aside the warrant of arrest issued on Edison Ehie, the Chief of Staff to Rivers State Governor, Siminalayi Fubara, and five other loyalists of the governor.
Justice Emeka Nwite, in a ruling, on Thursday, 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 Nwite had, on January 31, while delivering a ruling in an ex-parte application brought by Simon Lough, (SAN), the lawyer for the Inspector-General of Police, Kayode Egbetokun; 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.
The five others to be arrested alongside Ehie are Jinjiri Bala, Happy Benneth, Progress Joseph, Adokiye Oyagiri and Chibuike Peter.
The judge granted the ex-parte application because the six defendants had been at large to stand their trial in a seven-count preferred against them.
Femi Falana, SAN, and Oluwole Aladedoye, SAN, who appeared for the defendants in separate suits, held that the court lacked the jurisdiction to have granted the order.
While Falana filed a motion seeking an order to set aside the January 31 order by Justice Nwite, Aladedoye applied for a stay of execution of the arrest order.
In a motion marked: FHC/ABJ/CS/112/2024 dated February 2 and filed on February 7 by Falana, Ehie sought two orders, including “an order setting aside the order made on January 31 for want of jurisdiction.
“An order of this honourable court staying the execution of the order made on the 31st January 2024, pending the hearing and determination of this application.”
Giving six grounds of argument, Falana argued that the complainant had not filed any criminal charge or motion before the court.
The senior lawyer argued that the court lacked the territorial jurisdiction to entertain the ex-parte application as the alleged offences of conspiracy, attempted murder, murder and arson took place in Port Harcourt, the state capital.
“He submitted that the court lacked the vires to grant an application to arrest and declare his clients wanted in respect of the alleged offences.
“The complainant/respondent (IG) did not adduce evidence of terrorism in the affidavit in support of the application.
“The complainant/respondent did not cite any section of the Terrorism Prevention Act, 2013 (as amended) alleged to have been contravened by the applicants,” he argued.
Aladedoye in a motion on notice dated and filed February 9, on behalf of the five defendants, sought two orders, including
“an order staying execution or further execution of the order(s) of this honourable court made on the 31st of January, 2024, pending the hearing and determination of the appeal filed by the applicants.
“An order of injunction restraining the complainant from carrying out or further carrying out the orders of this honourable court made on the 31st January 2024, pending the hearing and determination of the appeal filed by the applicant in this case.”
Giving a three-ground argument, Aladedoye said that a notice of appeal had already been filed against Justice Nwite’s orders.
According to the senior lawyer, the notice of appeal contains grounds that challenge the jurisdiction of the honourable court.
The Inspector-General had, in a charge marked: FHC/ABJ/CR/25/2024, arraigned the defendants on a seven-count criminal charge bordering on terrorism and murder.
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