Court to hear Wike’s suit against Police in February

The Abuja Division of the Federal High Court has adjourned hearing into a suit filed against the Nigeria Police Force by Rivers State Governor, Nyesom Wike.

Mr. Wike had approached the court to stop the police from searching his Abuja residence, describing the planned search as an abuse of his right as enshrined in section 308 of the 1999 Constitution.

The suit filed in June had four defendants namely: The Inspector General of Police, Ibrahim Idris, the Nigeria Police Force, the Economic and Financial Crimes Commission and the State Security Service, SSS.

The matter was adjourned at the previous sitting in November because the third defendant, the EFCC, was not served with hearing notice.

On Wednesday, the fourth defendant was also not present in court because he had not been served with hearing notice for the day’s session.

The judge, Ahmed Mohammed, checked through his bailiff’s documents and after finding that the defendant was not served the notice, asked for the opinion of the various defence counsel on a next date of adjournment to allow all parties attend the matter in court.

Counsel representing the first defendant, David Ighodo, asked the court to proceed with the matter, despite the absence of the fourth defendant. Mr. Ighodo said he was sure that the fourth defendant had no business in the matter.

Mr. Ighodo also threatened to take the matter to the Appeal Court and even proceed to the Supreme Court if it is resolved in the interest of the plaintiff.

According to Mr. Ighodo, although the Supreme Court has settled the case of immunity for elected governors or public officials, nothing has yet been said regarding execution of a search warrant in the residence of an elected official.

Reacting to Mr. Ighodo’s submission about the fourth defendant, Mr. Mohammed said the court was duty bound to give the parties right of fair hearing.

He explained that although his court will not force the fourth defendant to court, it is compulsory that a notice of hearing be served on all parties.

The judge also said it was not yet time to entertain arguments regarding the matter. He said the court will only take submissions of counsel, regarding the possibility of actions from the hearing, when the case is being heard.

The matter was adjourned to February 22.