The Inspector General of Police (IGP) and two Federal Government agencies have asked a Federal High Court in Abuja to reject a prayer by Rivers State Governor Nyesom Wike stopping them from searching his property.
The agencies are Department of State Services (DSS) and Economic and Financial Crimes Commission (EFCC).
The three are listed as respondents in a suit by the governor seeking, among others, to prevent the search of his property and the execution of a warrant on him by the agencies.
The suit was filed last year following allegation that the governor compromised electoral officials during the rerun.
A number of Independent National Electoral Commission (INEC) officials, from who funds were allegedly recovered, are on trial at the Federal High Court for their conduct in the rerun.
Arguing the IGP’s position yesterday, David Igbodo urged the court to dismiss Wike’s suit on the grounds that it was based on “mere speculation.”
Igbodo, a lawyer with the Police, said: “The application is speculative because in the first instance, there is no search warrant attached to it.
“The only exhibit attached is the interview granted by Wike himself in which he made allegations that the police wants to search his house in Abuja.
“He made the allegation, but he did not attach the search warrant to prove it. Assuming without conceding that the police obtained a search warrant to search the Rivers State Governor’s house in Abuja; the question is: Can the police execute the search warrant without requiring his presence?
“The question has been answered by the Supreme Court and the answer is yes. The police can effectively do that without requiring his presence.
“So Rivers Government House in Abuja can be searched without the governor’s presence, as there are security men there that can witness the search.”
Igbodo submitted that the law allowed the police to gather evidence and investigate officials with immunity, adding that a search warrant is a process of obtaining evidence during investigation.
He admitted that the governor enjoys immunity by virtue of the Constitution.
Igbodo argued that such immunity cannot protect the governor from being investigated.
DSS’ lawyer O. Atoyebi, who argued in a similar vein, urged the court to dismiss the suit.
Lawyer to EFCC Mrs Elizabeth Alabi argued that her client was not a party in the case.
Mrs Alabi, who urged the court to dismiss the suit, argued that the EFCC has no business in the suit and was wrongfully joined.
She prayed the court to award N100,000 in compensation for his client, against Wike.
Lawyer to the governor Sylva Ogwemoh (SAN) noted that the essence of the suit is the interpretation of a section of the constitution.
Ogwuemoh said: “The focal point of our summons is the interpretation of Section 308 of the Constitution as it relates to search warrant.
‘’A search warrant is undoubtedly a process of court and if that is the case, there is a breach of the absolute immunity that Section 308 confers on the plaintiff (Wike).”
He argued that under Section 308, the execution of a search warrant required the presence of the person to which the section applies and who enjoys immunity, in this case, Wike, before the property could be searched.
After listening to parties, Justice Ahmed Mohammed adjourned to May 9 for judgment.