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Court Bars Police, DSS, EFCC From Searching Wike’s Houses
The Federal High Court in Abuja has ruled that search warrants could not be applied for or executed against a serving President, Vice-President, Governors or Deputy Governors.
Delivering a judgment, last Wednesday, Justice Ahmed Mohammed, therefore, stopped any alleged plan to apply for a search warrant and execute same at the residences of Rivers State Governor, Chief Nyesom Wike in Abuja and other parts of the country.
Mohammed made the restraining order against the Nigeria Police Force, the Inspector-General of Police, Ibrahim Idris, the Economic and Financial Crimes Commission (EFCC) and the Department of State Services (DSS), who were the defendants in a suit instituted by Wike on May 4, 2017.
The suit, in which the judgment was delivered, last Wednesday, was targeted against the police, which Wike said had, last year, applied for a search warrant to be executed on his houses around the country.
In his verdict, the judge agreed with Wike’s lawyer, Mr. Sylva Ogwemoh (SAN), that no court process such as a search warrant could be applied for or issued by the court against a serving governor such as Wike, who enjoys immunity under Section 308 of the 1999 Constitution.
The judgment drew a contrast between sections 149 and 150 of the Administration of Criminal Justice Act, on one hand, and Section 308(1)(c) of the Nigerian Constitution, on the other hand, a scenario which worked in favour of the four categories of the public officials clothed with constitutional immunity.
The contrast favoured serving governors and others enjoying immunity under Section 308 of the Nigerian Constitution.
Mohammed noted that on one hand, sections 149 and 150 of the Constitution made it mandatory for the owner or occupant of a house or his or her representative to be present during the execution of a search warrant in the said house.
He noted that on the other hand, Section 308(1)(c) of the Constitution prohibited issuance of a court process, including a search warrant against all persons covered by Section 308 of the 1999 Constitution.
Section 308(1)(c) of the Constitution cited by the judge read, “No process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued.”
“A careful reading of section 308(1)(c) of the 1999 Constitution will show that the Constitution has prohibited the application for the issuance of any court process that will require or compel the appearance of a person enjoying immunity under Section 308 of the 1999 Constitution,” Mohammed ruled.
The judge noted that the Supreme Court had in its judgment delivered in the case of Gani Fawehinmi vs. Inspector-General of Police in 2002 prohibited any situation that could warrant a law enforcement agent from encountering a serving governor in the course of executing a court process against such governor during a criminal investigation.
The judge noted that the Supreme Court in the said judgment held that a serving governor could be investigated for criminal allegations but not to the extent that would require the physical presence of the suspected governor.
He noted:“The situation would have been different if the draftsman of Section 308(1)(c) of the 1999 Constitution has stated that a court process like the search warrant can be applied for or issued and executed whether the serving governor is physically present or not.”
The judge refused to be swayed by the argument of the police that a search warrant could be executed at a governor’s house in the absence of the governor.
Nobel Laureate, Professor Wole Soyinka, has called on Nigerians to reject silence in the face of extrajudicial killings and other abuses of human rights.
Soyinka stressed that accountability and civic courage remain essential to rebuilding public confidence in the nation’s institutions.
He made the call during the 28th Wole Soyinka Lecture held in Port Harcourt, last Friday as part of activities marking his 92nd birthday.
The lecture, themed “Reclaiming the Nigerian State through Accountability, Justice and Civic Courage,” drew participants from different sectors of society.
The renowned playwright and human rights advocate said the country’s greatest tragedy was not only the unlawful killings carried out by state and non-state actors, but also the silence that often follows such incidents, allowing perpetrators to evade justice.
According to him, indifference by citizens to abuses of power and violations of fundamental human rights has contributed to the persistence of extrajudicial killings and other forms of injustice across the country.
Soyinka said he dedicated this year’s lecture to victims of unlawful killings, noting that the event was intended to honour individuals who had lost their lives as a result of failures within the justice system and society’s inability to protect the sanctity of human life.
He stressed that the lecture was dedicated to what he described as the basic unit of every society – the human being, and urged Nigerians to place greater value on human dignity irrespective of ethnicity, religion or social status.
The Nobel Laureate recalled several incidents of violence, including the fatal shooting and killing of a young man in Ugheli in Delta State by a police officer, and the mob killing of Deborah Yakubu in Sokoto State sometime ago, lamenting that many of those responsible are yet to face justice.
He expressed concern that some perpetrators of violent crimes had openly admitted their actions without fear of prosecution, describing such situations as evidence of serious failures within the nation’s justice system.
Soyinka maintained that when justice is delayed or denied, public confidence in state institutions continues to erode, thereby encouraging further violations of human rights.
Responding to critics who accuse him of promoting religious or ethnic divisions whenever he spoke on such issues, Soyinka dismissed the allegations and pointed out that his advocacy has always centred on the protection of human life and the rule of law.
He urged Nigerians to remain vigilant and continue demanding justice in cases of alleged extrajudicial killings, including the recent shooting of a young man by a police officer, stressing that every life deserves equal protection under the law.
The literary icon also recalled an earlier pledge by a past incoming president to make public the files relating to unresolved assassinations and extrajudicial killings, questioning the status of the promised investigations.
He challenged citizens to continue asking questions about unresolved cases, insisting that justice, accountability and respect for human dignity are indispensable to building a peaceful, democratic and inclusive Nigerian society.
The Federal Airports Authority of Nigeria (FAAN) has clarified that there was no fire at Terminal 2 of the Murtala Muhammed International Airport, Lagos, contrary to its earlier advisory.
Earlier yesterday, FAAN had announced that a fire incident had occurred at Terminal 2 of the nation’s busiest airport, and assured that its Aerodrome Rescue and Firefighting Service had been deployed to contain the situation.
There were also reports that activities were briefly disrupted at the airport yesterday after smoke was seen inside parts of the terminal.
Videos circulating online showed passengers kept standing outside the terminal while firefighters responded to the incident.
However, in an update issued less than two hours later by the Director of Public Affairs and Consumer Protection, Henry Agbebire, and posted on FAAN’s official X handle, the authority said preliminary findings showed that the smoke seen at the terminal was caused by the discharge of the facility’s FM-200 fire suppression system.
“Further to our earlier advisory regarding the incident at Terminal 2 of the Murtala Muhammed International Airport, Lagos, the Federal Airports Authority of Nigeria (FAAN) wishes to provide the following update,” the statement read.
“Preliminary findings indicate that there was no fire at the terminal. The smoke observed within the affected area resulted from the discharge of the terminal’s FM-200 fire suppression system. The reason for the activation of the fire suppression system is currently being investigated,” FAAN stated.
The authority said normal operations had resumed at the terminal while investigations were ongoing to determine the cause of the incident.
“Normal operations have since resumed at the terminal, while detailed investigations are ongoing to determine the exact cause of the incident,” the statement added.
The authority thanked passengers, airlines, airport users and other stakeholders for their understanding and cooperation.
FAAN appreciated the understanding and cooperation of passengers, airlines, airport users and all stakeholders, and reiterated its commitment to the safety and security of all airport operations.