A federal high court in Abuja has barred the police, the Department
of State Services (DSS) and the Economic and Financial Crimes Commission (EFCC)
from searching houses belonging to Nyesom Wike, governor of Rivers state.
Ahmed Mohammed, a judge, gave the
order on Wednesday, saying a search warrant could not be issued against a
governor because he enjoys immunity under section 308 of the constitution.
In 2017, Wike had approached the
court, seeking an order of injunction restraining the IGP, the police, the EFCC
and DSS from obtaining a search warrant to search any of his houses.
But the defendants had in
opposition, argued that they had the right to search Wike’s residence even in
his absence.
While delivering his judgement,
he noted that the defendants were in agreement that Wike, the plaintiff, could
not be investigated based on the provision of section 308 of the 1999
constitution.
He contended in the suit filed
through Sylvia Ogwemoh, his lawyer, that such a search would violate his
immunity as a sitting governor.
Wike had asked for six reliefs
but the judge granted three and said while one was not grantable, the others
were embedded in the ones granted.
“The defendants cannot whether by
themselves, their servants, agents, officers, privies or in any manner
howsoever apply for, obtain, issue or in any way or manner howsoever execute
any court process requiring; the appearance of the plaintiff who is currently
the governor of Rivers,” he held.
“A declaration that by virtue of
the combined effect of section 308 of the Constitution and sections 149 and 150
of ACJA, the defendants cannot in any manner apply for, obtain, issue or
execute any search warrant at the residence of the plaintiff in Abuja or in any
of the plaintiff’s residence in any other place or locations in Nigeria.
“An order that the defendants
cannot by the combined effect of section 308 of the Constitution and sections
149 and 150 of ACJA, apply for, obtain, issue or execute any search warrant at
the residence of the plaintiff in Abuja or in any of the plaintiff’s residence
in any other place or locations in Nigeria.”
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