Hearing of motions on notice filed by Edison Ehie, the Chief of Staff (CoS) to Gov. Siminalayi Fubara of Rivers, seeking an order vacating the arrest warrant against him and others could not proceed on Monday.
The matter, which was on number six on the day’s cause list before Justice Emeka Nwite, was subsequently adjourned until March 4.
The development occured shortly after counsel for the Inspector-General (I-G) of Police, Simon Lough, SAN, told the court that he had not been served with Ehie’s motion filed by Oluwole Aladedoye, SAN.
The News Agency of Nigeria (NAN) reports, on Sunday, that Justice Nwite had fixed today for the hearing of two separate applications filed by Aladedoye and Femi Falana, SAN, on behalf of Ehie and five others declared wanted by the police.
The judge had, on Jan. 31, issued a warrant for the arrest of Mr Ehie and others over their alleged involvement in the burning of part of the Rivers House of Assembly on Oct. 29, 2023.
Those ordered to be arrested along with Ehie (1st defendant) are Jinjiri Bala, Happy Benneth, Progress Joseph, Adokiye Oyagiri and Chibuike Peter also known as Rambo as 2nd to 6th defendants.
Justice Nwite gave the order while delivering a ruling in an ex-parte application brought by Lough.
The court granted the ex-parte application on the grounds that the six defendants had been at large to stand their trial in a seven-count charge preferred against five other suspected arsonists currently being prosecuted before a sister court.
While Falana filed a motion seeking an order to set aside the Jan. 31 order, Aladedoye filed an application for a stay of execution of the arrest order.
When the matter was called on Monday, Aladedoye, who appeared for Ehie, said his application dated Feb. 9, was served on the police same day.
But Lough responded that he was not aware of Aladedoye’s motion, although he acknowledged the receipt of Falana’s application and had responded appropriately.
He sought an adjournment to enable him respond to Aladedoye’s motion.
But the judge confirmed Aladedoye’s affidavit of service in the court file.
Lough, who restated that he was not aware of the application, said if he was in receipt of it, he would have responded.
Falana, representing the 2nd to 6th defendants, prayed the court to allow his motion to be taken since the police had responded, but the judge said since both motions were on the same subject, it would be better to take them together.
Shortly before adjournment, Aladedoye called the attention of the court to series of advertisements done by the police in the media, declaring Ehie and others wanted.
He urged the court to make an order restraining the police from further publishing such adverts in the media pending the hearing and determination of the application.
But Lough, who said that the adverts were done just when the order was made, assured that his office would await the court decision.
Justice Nwite fixed March 4 for hearing.
NAN reports that in a motion marked: FHC/ABJ/CS/112/2024 dated Feb. 2 and filed Feb. 7 by Falana, Ehie’s co-defendants sought two orders, including “an order setting aside the order made on the 31st January, 2024 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 I-G (complainant/respondent) 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.
“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 (I-G) 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.
Also, Aladedoye in a motion on notice dated and filed Feb. 9 on Ehie’s behalf, 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 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 which challenge the jurisdiction of this honourable court.
He argued that their appeal would be rendered nugatory if their application was not granted.(NAN)
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