A Federal Excessive Courtroom in Abuja has mounted April 25 for ruling in an software by the Chief of Employees to Rivers State Governor, Edison Ehie, in search of to put aside an arrest warrant issued towards him and 5 others.
Justice Emeka Nwite mounted the date on Monday after listening to arguments from events within the swimsuit.
Whereas the counsel for the defendants prayed the court docket for an order to restrain the plaintiff from finishing up the arrest order, the prosecution prayed the court docket to dismiss the appliance.
The defendants are being prosecuted by the police for his or her alleged involvement within the burning of the Rivers State’s Home of Meeting and tried homicide.
They have been additionally arraigned earlier than Justice Bolaji Olajuwon of the Federal Excessive Courtroom in Abuja on 7-count prices in a separate swimsuit marked FHC/ABJ/CR/25/2024
The court docket had on January 31, granted an arrest warrant request to police following an software from the Inspector Normal of Police.
Justice Nwite granted the order following an ex-parte filed by the Inspector-Normal of Police by means of his counsel, Simon Lough, a Senior Advocate of Nigeria SAN.
Lough had knowledgeable the court docket that the six defendants have been at massive and wanted to be arrested to defend prices towards them.
He stated the costs included alleged terrorism, tried homicide, and homicide of a Superintendent of Police, SP Bako Agbashim, and 5 police informants.
At in the present day’s proceedings, Counsel to the defendants, Femi Falana, SAN and Mr Oluwole Aladedoye, SAN, filed separate motions asking the court docket to put aside the arrest warrant in addition to to restrain the police from finishing up the order pending the willpower of the case.
Counsel to the Chief of Employees, Oluwole Aladedoye, SAN, advised the court docket that the police by no means invited Ehie for questioning.
He stated, “ They acquired an order to arrest somebody they by no means invited and to declare somebody who was by no means invited, needed.”
He additionally raised the difficulty of jurisdiction, stating that the court docket had no jurisdiction to entertain the matter because the incident occurred in Rivers.
He famous that the police are purported to file on the judicial division the place the alleged offence was dedicated.
Equally, Falana who stood for the 2nd to sixth defendants submitted that the regulation stipulates that an offence shall be tried the place it was dedicated.
He famous that with out a legitimate and pending cost, a warrant of arrest can’t be issued. He urged the court docket to put aside the ex-parte order made on January 31.
The prosecution counsel, nonetheless, prayed the court docket to dismiss the appliance for a keep of execution of the January 31 order.
He argued that the appliance was not made in consideration of the foundations of the court docket.
He submitted that by advantage of part 47 of the Administration of Legal Justice Act 2015, a warrant will be issued by a federal excessive court docket sitting anyplace in Nigeria for execution in any a part of Nigeria.
He famous that no regulation states {that a} cost should be filed earlier than an arrest warrant will be issued.
After listening to submissions from events within the swimsuit, Justice Emeka Nwite adjourned until April 25 to rule on the movement for a keep of execution.
