Alex Enumah in Abuja
Justice Emeka Nwite of a Federal High Court, Abuja, has set aside his earlier order for the arrest of Edison Ehie, the Chief of Staff (CoS) to Governor Siminalayi Fubara of Rivers State.
The judge had on January 31, granted an exparte application to the police to arrest Ehie and five others over their alleged complicity in the burning of the Rivers State House of Assembly.
However, delivering ruling yesterday, Justice Nwite, agreed with the submissions of Ehie’s lawyer, Mr Femi Falana, SAN, as well as counsel to the other defendants, Mr Oluwole Aladedoye, SAN, that the court lacked jurisdiction to have granted the order in the first place, having not been presented with any charge against the defendants.
He subsequently made an order setting aside the warrant order.
Beside the Chief of Staff, others affected by the voided order include Jinjiri Bala, Happy Benneth, Progress Joseph, Adokiye Oyagiri and Chibuike Peter also known as Rambo.
Justice Nwite gave the order while delivering a ruling in an ex-parte application brought by the Inspector-General (I-G) of Police’s lawyer, Simon Lough, SAN.
He granted the ex-parte application as canvassed by Lough on the grounds that the six defendants had been at large to stand their trial in a seven-count preferred against five other suspected arsonists currently being prosecuted before a sister court presided over by Justice Bolaji Olajuwon.
But Falana and Aladedoye filed separate motions on behalf of their clients.
While Falana filed a motion seeking an order to set aside the January 31 order made by Justice Nwite, Aladedoye filed an application for a stay of execution of the arrest order.
In a motion marked: FHC/ABJ/CS/112/2024 dated February 2 and filed February 7, by Falana, the CoS 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 January 31, 2024, pending the hearing and determination of this application.”
Giving six grounds of argument, Falana argued that the I-G (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, Rivers.
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 January 31, 2024, pending the hearing and determination of the appeal filed by the applicants.”
