A Federal High Court, Abuja on
Wednesday could not hear Rivers Governor, Mr Nyesom Wike ’s application for an
injunction against the Inspector-General of Police (IGP) and two others.
The development was due to
absence of Director of Department of State Service.
The other respondents are: the
Economic and Financial Crimes Commission (EFCC) and the Department of State
Service (DSS).
Wike, in his application, is
seeking to ask the court to restrain the respondents from searching any of his
houses.
However, the matter could not be
heard due to the absence of one of the respondents, DSS in court.
The Judge, Justice Ahmed
Mohammed, declined to proceed with the matter following the disclosure by the
registrar of the court that there was no proof that the DSS had been served
with hearing notices.
According to the judge, it is the
law that all parties in a suit must be served hearing notices, adding that
unless any party elects not to attend court after having been served, then the
matter can go on.
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“The important thing here is
that, I ordered that hearing notices be served on all the parties.
“If the registrar had said that
the fourth defendant had been served and they elected to stay away, that will
be their business,” he said.
However, Mr David Igbodo, counsel
to the inspector-general of police, prayed the court to proceed with the
matter, arguing that it was mainly between the governor and his client.
“I think we can proceed with the
matter in the absence of the fourth defendant, “he said.
The Counsel to other defendants
in the matter, Mr O.M Atoyebi and Mr Aliyu Usman, however, conceded to an
adjournment, adding that proper thing be done.
The judge adjourned the matter
until February 22, to enable the plaintiff effect service on all parties.
He also ordered that fresh
hearing notices be served on the fourth defendant and asked the registrar of
the court to ensure that the defendant was served.
The suit was filed in June by Mr
Sylva Ogwemoh (SAN) on behalf of Wike.
Among other reliefs, Wike is
seeking a declaration that by virtue of the provisions of Section 308 of the
Constitution, the IGP, the EFCC and the DSS could not apply for, obtain, issue
or execute any court process compelling his presence.
He also sought relief “whether
the defendants can, by the combined effect of Section 308 of the Constitution
and Sections 149 and 150 of the Administration of Criminal Justice’’ among
others.
Again, whether the defendants
can“apply for, obtain, issue or in any manner or form, effectively execute a
search warrant at the residence of Wike in Abuja.
The relief also include or any of
his residences without his physical presence in the course of the execution of
such search warrant.”
NAN
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