THE Federal High Court, Abuja, has said the Police, Economic and Financial Crimes Commission (EFCC) and Department of State Services (DSS) cannot search any house belonging to Rivers State Governor Nyesom Wike.
Wike, in 2017, approached the court for an order restraining the inspector general, the Police, EFCC and DSS from searching any of his houses.
Delivering judgment yesterday, Justice Ahmed Mohammed noted that the defendants agreed that Wike cannot be investigated following Section 308 of the 1999 Constitution.
Justice Mohammed said combining this with sections 149 and 150 of the Administration of Criminal Justice Act, (ACJA) 2015, three situations had been prohibited.
The first, he noted, is that no civil or criminal proceedings can be instituted against the plaintiff.
He explained that anyone covered by those provisions shall not be arrested, and thirdly, any court process re-quiring appearance of such a person shall not be applied.
Justice Mohammed maintained that parties, in their submissions, lost the purport and intendment of Section 308 (1) (c).
According to him, a careful reading shows that the constitution has prohibited court process requiring the appearance of a governor before any panel.
He held that the argument that Wike’s residence could be searched without his presence is untenable.
The judge said it was wrong for the defendants to import meaning or interpretation not included in Section 308.
He held that the essence of the section is to accord immunity to a governor not to disrupt governance.
The judge dismissed their objections and held that Wike’s suit succeeded because it had merit.
Wike asked for six reliefs. The judge granted three, noting that the others not granted are embedded in the three granted.
“The defendants cannot, whether by themselves, their servants, agents, officers, privies or, in any manner howsoever apply for, obtain, issue or in any way or manner howsoever execute any court process requiring the appearance of the plaintiff, who is the governor of Rivers.
“A declaration that by virtue of the combined effect of Section 308 of the Constitution and sections 149 and 150 of ACJA, the defendants cannot in any manner apply for, obtain, issue or execute any search warrant at the residence of the plaintiff in Abuja or in any of the plaintiff’s residence in any other place or locations in Nigeria.
“An order that the defendants cannot by the combined effect of Section 308 of the Constitution and sections 149 and 150 of ACJA, apply for, obtain, issue or execute any search warrant at the residence of the plaintiff in Abuja or in any of the plaintiff’s residence in any other place or locations in Nigeria.”
The suit was filed in June last year by Sylva Ogwemoh (SAN), on behalf of Wike.
Ogwemoh argued that Section 308, with its immunity clause, was put in place to allow governors concentrate on governance.
But the defendants argued that they had the right to search Wike’s residence in his absence.