News
Court Bars Police On Speaker, COS’ Petitions
A Port Harcourt High Court presided over by Justice A Enebeli has granted an interim order restraining the Rivers State Commissioner of Police and the Deputy Commissioner of Police in charge of State Criminal Investigation Department from taking any or further step or staying further or all actions against the Speaker, Rivers State House of Assembly, Rt Hon Otelemaba Amachree and Chief of Staff, Government House, Sir Tony Okocha in connection with their allegation of plots to assassinate several government functionaries, including the state Governor, Rt Hon Chibuike Amaechi.
The court has also restrained the aforementioned officers, their agents or privies from taking any further steps against the applicants in connection with the prison custody and instigate violence and total breakdown of law and order in Rivers State pending the determination of the substantive application for the enforcement of their fundamental rights.
The order of the state High Court, which was made available to The Tide, yesterday stated that the Speaker of the state House of Assembly had gone to court in suit NO: PHC/1086/2013, to enforce his fundamental rights to personal liberty and freedom of movement.
The document stated that in a motion exparte, the Speaker of the Rivers State House of Assembly prayed for two reliefs: an order to restrain the respondents from arresting and or detaining and prosecuting the applicants in respect of a spurious report of plot to assassinate government functionaries or in the alternative, an order restraining the respondents from taking any or further steps or staying further or all actions in connection with the matter, pending the determination of the application.
However, the court granted the alternate relief while refusing the first prayers.
The court ordered that the motion on notice be served on the respondents.
Justice A Enebeli has also made an interim order restraining the Rivers State Commissioner of Police, and the Deputy Commissioners in charge of state Criminal Investigation Department (SCID), Sam Okuala, from taking any further steps against the Chief of Staff, Government House, Sir Tony Okocha pending the determination of the application.
Hon Tony Okocha had gone to court in suit No PHC/1071/2013 to enforce his fundamental rights to personal liberty and freedom of movement. Through a motion exparte, the applicant had asked for the following relief’s; an order of this honourable court restraining the respondents, the Commissioner of Police, Rivers State, the Deputy Commissioner of police in charge of state Criminal Department (SCID) and Sylvester Ileoma from arresting and or detaining the applicant in respect of the spurious report of threat to life of the 3rd respondent and to the security and safety of Port Harcourt Club.
However, the above prayer was refused but the alternative prayer (prayer II) was granted in which the police were restrained from taking further steps in the matter pending the determination of the suit.
According to Justice Enebeli, the court made the interim order after reading the 27-paragraph supporting affidavit with exhibits and affidavit of urgency both sworn to by Hon Anthony Okocha as well as the written address and oral submission of his counsel.
He directed that the enrolled order and the motion on notice be served on the respondents. Both cases were adjourned to Monday, June 3, 2013 for hearing of the motion on notice.
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