The News Agency of Nigeria (NAN) reports that the judge had,
on January 31, issued a warrant for the arrest of Ehie over his alleged
involvement in the burning of part of the state’s House of Assembly on October
29, 2023.
Those ordered to be arrested along with Ehie are Jinjiri
Bala, Happy Benneth, Progress Joseph, Adokiye Oyagiri and Chibuike Peter also
known as Rambo.
Justice Nwite gave the order while delivering a ruling in an
ex-parte application brought by the Inspector-General (I-G) of Police’s lawyer,
Simon Lough, SAN.
He granted the ex-parte application as canvassed by Lough on
the grounds that the six defendants had been at large to stand their trial in a
seven-count preferred against five other suspected arsonists currently being
prosecuted before a sister court presided over by Justice Bolaji Olajuwon.
But Falana and Aladedoye filed separate motions on behalf of
their clients
While Falana filed a motion seeking an order to set aside
the January 31 order made by Justice Nwite, Aladedoye filed an application for
a stay of execution of the arrest order.
in a motion marked: FHC/ABJ/CS/112/2024 dated Feb. 2 and
filed Feb. 7 by Falana, Ehie sought two orders, including “an order setting
aside the order made on Jan. 31 for want of jurisdiction.
“An order of this honourable court staying the execution of
the order made on January 31, 2024, pending the hearing and determination of
this application.”
Giving six grounds of argument, Falana argued that the I-G
(complainant) had not filed any criminal charge or motion before the court.
The senior lawyer argued that the court lacked the
territorial jurisdiction to entertain the ex-parte application as the alleged
offences of conspiracy, attempted murder, murder and arson took place in Port
Harcourt, Rivers.
“He submitted that the court lacked the vires to grant an
application to arrest and declare his clients wanted in respect of the alleged
offences.
“The complainant/respondent (I-G) did not adduce evidence of
terrorism in the affidavit in support of the application.
“The complainant/respondent did not cite any section of the
Terrorism Prevention Act, 2013 (as amended) alleged to have been contravened by
the applicants,” he argued.
Also, Aladedoye in a motion on notice dated and filed Feb. 9
on behalf of the five defendants, sought two orders, including “an order
staying execution or further execution of the order(s) of this honourable court
made on the 31st of January, 2024, pending the hearing and determination of the
appeal filed by the applicants.
“An order of injunction restraining the complainant from
carrying out or further carrying out the orders of this honourable court made
on January 31, 2024, pending the hearing and determination of the appeal filed
by the applicant in this case.”
Giving three-ground argument, Aladedoye said that a notice
of appeal had already been filed against Justice Nwite’s orders.
According to the senior lawyer, the notice of appeal
contains grounds which challenge the jurisdiction of this honourable court.
He argued that their appeal would be rendered nugatory if
their application was not granted.
