The warrant of arrest was issued over their alleged involvement in the explosion that rocked the state House of Assembly and the burning of the Assembly’s complex.
Edison Ehie, the Chief of Staff to the Rivers State Governor Siminalayi Fubara, has countered a Federal High Court in Abuja for granting the Inspector General of Police for issuing a warrant for his arrest along with five others.
The warrant of arrest was issued over their alleged involvement in the explosion that rocked the state House of Assembly and the burning of the Assembly’s complex.
The Inspector General of Police had in a motion ex parte filed at the Federal High Court on January 29, 2024, in a suit no: FHC/ABJ/CS/112/2024, prayed the Court for a warrant of arrest of Ehie and five others and to declare them wanted.
Granting the IGP’s prayers, the trial judge, Justice Emeka Nwite said the motion ex-parte was anchored on Sections 37, 87, 113 and 114 of the Administration of Criminal Justice Act 2015.
“This Honourable Court granted the reliefs sought by the Complainant/Respondent as prayed,” the court said.
Justice Nwite further held “that the complainant’s application dated and filed 29th day of January 2024 is granted as prayed.
“That an order of this Honourable Court is hereby made issuing a warrant of arrest against Ehie, Bala, Benneth, Joseph, Oyagiri, and Chibuike (aka Rambo) fleeing defendants in the case.”
The court also ordered the arrest of Jinjiri Bala, Happy Benedict, Progress Joseph, Adokiye Oyagiri, and Chibuike Peter also known as Rambo for alleged conspiracy, attempted murder, murder and arson.
But Ehie and the others through their counsel, Mr Femi Falana (SAN) filed a motion on notice, praying the Court to set aside the warrant of arrest.
They asked the court to determine “WHETHER this Honourable Court is competent to grant an order for warrant of arrest of the Applicants and to declare them wanted without a valid charge pending before it.
“WHETHER this Honourable Court is competent to grant an order for a warrant to arrest the Applicants and to have them declared wanted in respect of the offences of conspiracy, attempted murder, murder and arson allegedly committed in Port Harcourt, Rivers State.
“WHETHER this Honourable Court has the jurisdiction to grant an order for a warrant to arrest the Applicants and to have them declared wanted in respect of the offence of terrorism allegedly committed in the Port Harcourt Judicial Division of the Federal High Court.
“WHETHER this Honourable Court is competent to grant an order for warrant of arrest of the Applicants and to have them declared wanted does not contravene the provisions of section 24 of the Police Establishment Act 2020.”
Ehie and others - among other things - submitted that “before praying for an order of warrant of arrest and to declare the Applicants wanted, the Complainant/Respondent ought to have filed a valid charge before this Honourable Court”.
They argued: “In the instant case, the Complainant/Respondent did not file a valid charge before this Honourable Court. To that extent, the procedure adopted by the Complainant/Respondent is alien to the provisions of Administration of Criminal Justice Act.”
They further submitted that “the power of this Honourable Court to grant an order of warrant of arrest or declare any person wanted is limited to alleged commission of a federal offence.
“In other words, this Honourable Court lacks the power to order the arrest of the Applicants for the purpose of bringing them before it as the offences of conspiracy, attempted murder, murder and arson are state offences.
“The Respondent is not competent to pray this Honourable Court to order the arrest of the Applicants or declare them wanted for allegedly committing state offences.”
They also argued that “the order for the arrest of the Applicants with warrant is illegal as it contravened section 24(2) of the Administration of Criminal Justice Act which provides that a police officer can lawfully arrest without warrant ‘Any person whom he reasonably suspects of having committed or of being about to commit any felony, misdemeanour or breach of the peace.’
“My lord we therefore respectfully submit, that this Honourable Court has no power to adjudicate over a matter if it lacks jurisdiction, as such, any decisions, order or proceedings made without jurisdiction amounts to a nullity and shall be liable to be set aside. We urge your lordship to so hold and set aside the order made on the 31st January 2024 in the interest of justice.”
It will be recalled that some loyalists of Governor Fubara had been accused of being responsible for an explosion that rocked the Rivers State House of Assembly complex amid alleged moves by some lawmakers in the state to impeach the governor on October 30, 2023.