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A Federal High Court in Abuja on Thursday, vacated the warrant of arrest issued on Edison Ehie, the Chief of Staff (CoS) to Gov. Siminalayi Fubara of Rivers.
Justice Emeka Nwite, in a ruling, agreed with the CoS counsel, Femi Falana, SAN, and Oluwole Aladedoye, SAN, who appeared for Ehies 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.
The News Agency of Nigeria (NAN) reports that the judge had, on January 31, issued a warrant for the arrest of Ehie over his alleged involvement in the burning of part of the states House of Assembly on October 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 (I-G) of Polices 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 January 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 honourable 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 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 behalf of the five defendants, 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 January 31, 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 Nwites 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.
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