Court bars Police, SSS, EFCC from searching Wike’s houses 

A Federal High Court sitting in Abuja on Wednesday barred the Inspector General of Police (IGP), Police, the Economic and Financial Crimes Commission (EFCC), the State Security Service (SSS) and their agents from searching any of the houses belonging to Rivers State Governor Nyesom Wike.

Justice Ahmed Mohammed, the trial judge said the security agencies cannot search Wike’s house, whether in Abuja or any other part of the country without his presence.
Mohammed held that a court process, like a search warrant, which the Police sought cannot be issued on Wike, who enjoys immunity under Section 308 of the constitution, as a sitting governor.
Wike had, in his suit prayed the court to declare that the Police and other security agents cannot get a search warrant to search any of his houses, a relief which the court granted, adding that, no civil or criminal proceeding can be filed against a serving governor, who is covered by Section 308 of the 1999 Constitution.
In the suit FHC/ABJ/CS/383,2017, filed by Sylva Ogwemoh (SAN), Wik wanted the court to determine: “Whether section 308 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) precludes the defendants from applying for and or obtaining any process of any court requiring or compelling the appearance of the plaintiff, who is the current governor of Rivers State.
“Whether the defendants can, by combine effect or section 308 of the Constitution and sections 149 and 150 of the Administration of Criminal Justice Act (ACJA) 2015 apply for, obtain, issue or in any manner or form, effectively execute a search warrant at the residence of the plaintiff in Abuja or in any of the plaintiff’s residence in other locations in Nigeria without the physical presence of plaintiff or his privy in the course of the execution of such search warrant.
“If the answer to question 2 above is in the negative, will the issuing, obtaining and executing of search warrant at the residence of the plaintiff in Abuja or in any of the plaintiff’s residence in any other location in Nigeria, not amount to a violation of section 308 of the Constitution where the issue and or execution of such search warrant would compel and or require the presence of the Plaintiff”.
The Governor also sought a declaration that by virtues of the provisions of Section 308 of the constitution, the defendants cannot apply for, obtain, issue or in any way or manner howsoever execute any court process, requiring his appearance as the Governor of Rivers State.
Wike also sought a declaration that by virtue of the combined effect of Section 308 of the Constitution and Section 149 and 150 of ACJA, the defendants cannot execute any search warrant at his residence in any other place or locations in Nigeria where the issue and or execution of such search warrant would compel and or require his presence.
The Plaintiff also wanted an order of injunction restraining the defendants to issue, enter any of his residence anywhere in the country by virtue of search warrant or any court process whatsoever which shall compel his physical presence, as a current Governor of Rivers State, in order to search the said residence, in contravention of the his immunity as preserved by section 308 of the Constitution.
A 24-paragraph affidavit in support of the originating summon disposed to by one Emmanuel Chinwenwo Aguma (SAN) averred that Wike is the Governor of Rivers State elected on the platform of Peoples Democratic Party (PDP) and sworn into office on 29th May, 2015 for a term of four years.
He said the Plaintiff addressed a press conference where he unequivocally stated that the IGP, the defendants herein, either acting by himself or through persons acting on his orders and instructions intend to raid the Plaintiff’s Abuja residence situated at Ortega Close, off Hassan Usman Katsina Street, Asokoro Extension, Abuja and search same.
Aguma also averred that the intendment of the raid according the Plaintiff’s press conference is to incriminate him in an unspecified crime through the recovery of huge sums of money, firearms and expensive wristwatches.
However, in the judgment on Wednesday, Justice Mohammed held that the constitution does not permit the issuance of a process of the court to compel the appearance of a serving governor, who enjoys immunity under Section 308 of the constitution.
“None of the parties in the suit have denied that a search warrant issued by a Magistrate or a Judge is not a court process.
“Parties seem to have lost the purport and intendment of Section 308 (1), paragraph C of the constitution”, Justice Mohammed stated and held that, “Am satisfied that the plaintiff’s suit has merit”.
The Judge granted relief one, two and three of Governor Wike and turned down the prayers to grant the fourth and fifth reliefs in the suit.

Felix Omohomhion, Abuja

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