A Federal High Court in Abuja vacated the warrant of arrest issued on Edison Ehie, the Chief of Staff, CoS, to Gov. Siminalayi Fubara of Rivers on Thursday.
Justice Emeka Nwite, in a ruling, agreed with the CoS’ counsel, Femi Falana, SAN, and Oluwole Aladedoye, SAN, who appeared for Ehie’s co-defendants, that the court lacked jurisdiction to have granted the order.
Justice Nwite held that at the time the arrest warrant order was made, there was no pending charge before the court.
He, consequently, vacated the warrant issued for the police to effect Ehie and five others’ arrest.
Credible News reports that the judge had, on Jan. 31, issued a warrant for the arrest of Ehie over his alleged involvement in the burning of part of the state’s House of Assembly on Oct. 29, 2023.
Those ordered to be arrested along with Ehie are 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’s (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 Jan. 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 Feb. 2 and filed Feb. 7 by Falana, Ehie sought two orders, including “an order setting aside the order made on Jan. 31 for want of jurisdiction.
“An order of this honorable 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 offenses 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 offenses.
“The complainant/respondent (I-G) did not adduce evidence of terrorism in the affidavit in support of the application.
“The complainant or 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 behalf of the five defendants, sought two orders, including “an order staying execution or further execution of the order(s) of this honorable 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 honorable court made on January 31, 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.
The notice of appeal contains grounds that challenge the jurisdiction of this honorable court, according to the senior lawyer.
He argued that their appeal would be rendered nugatory if their application was not granted.
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Credible News reports that the I-G had, in a charge marked: FHC/ABJ/CR/25/2024, arraigned Chime Eguma Ezebalike, 37; Prince Lukman Oladele, 47; Kenneth Goodluck Kpasa, 40; Osiga Donald, 42; and Ochueja Thankgod, 35, before a sister court presided over by Justice Bolaji Olajuwon on Jan. 25 in Abuja.
They, however, pleaded not guilty to the counts and were remanded in Kuje Correctional Centre.
The I-G, who arraigned them on a seven-count criminal charge bordering on terrorism and murder, declared Ehie and five others, said to be at large, wanted.
Ehie, who was later appointed as CoS after he resigned as a member and factional speaker of the Rivers Assembly, was alleged to be among the suspects being charged by the I-G.
His resignation was said to be part of the agreements reached in the bid to reconcile Fubara and former Governor Nyesom Wike, now the FCT Minister.
