Suit challenging powers of Police, DSS, to search Wike’s home suffers setback

THE Federal High Court in Abuja, on Wednesday, deferred hearing
on a suit challenging powers of the Nigerian Police Force, the
Economic and Financial Crimes Commission, EFCC, or the Department
of State Service, DSS, to search the Abuja residence of Governor
Nyesom Wike of Rivers State, till January 22, 2018.

Wike had in an Originating Summons he filed through his team of
lawyers led by Mr. Sylva Ogwemoh, SAN, prayed the court to abort
any attempt by the defendants to execute any search warrant at his
residence in Abuja or any other part of the country.

Insisting that he has not committed any criminal offence to
warrant a raid at any of his residences, Wike, in a 24-paragraphed
affidavit that was deposed to by the Attorney General of Rivers
State, Mr. Emmanuel Aguma, SAN, contended that allowing the
defendants to proceed with such plan would amount to a gross
violation of his constitutional immunity.

Specifically, Aguma, SAN, told the court that the security
agencies were planning to raid and search Wike’s residence situated
at Ortega Close, off Hassan Usman Katsina Street, Asokoro Extension
in Abuja.

“I know as a fact that a search warrant is a process of court. I
also know that the plaintiff or his privy is obligated to be
present during the conduct of the search at his premises.

“I further know as a fact that the owner of a building is
obligated to give unhindered access to his premises to the
defendants while the defendants are executing a search warrant.

“If not restrained by an order of the honourable court, the
defendants shall proceed to execute the said search warrant. The
plaintiff at the place and time hereinbefore informed me and I do
believe him that (a) he has not committed any criminal offence (b)
He is vested with constitutional immunity (c) The actions of the
defendant shall violate his constitutional immunity, (4) The
defendants are witch hunting him to silence him and tarnish his
hard-earned reputation”, the Rivers Attorney General averred.

THE Federal High Court in Abuja, on Wednesday, deferred hearing
on a suit challenging powers of the Nigerian Police Force, the
Economic and Financial Crimes Commission, EFCC, or the Department
of State Service, DSS, to search the Abuja residence of Governor
Nyesom Wike of Rivers State, till January 22, 2018.

Wike had in an Originating Summons he filed through his team of
lawyers led by Mr. Sylva Ogwemoh, SAN, prayed the court to abort
any attempt by the defendants to execute any search warrant at his
residence in Abuja or any other part of the country.

Insisting that he has not committed any criminal offence to
warrant a raid at any of his residences, Wike, in a 24-paragraphed
affidavit that was deposed to by the Attorney General of Rivers
State, Mr. Emmanuel Aguma, SAN, contended that allowing the
defendants to proceed with such plan would amount to a gross
violation of his constitutional immunity.

Specifically, Aguma, SAN, told the court that the security
agencies were planning to raid and search Wike’s residence situated
at Ortega Close, off Hassan Usman Katsina Street, Asokoro Extension
in Abuja.

“I know as a fact that a search warrant is a process of court. I
also know that the plaintiff or his privy is obligated to be
present during the conduct of the search at his premises.

“I further know as a fact that the owner of a building is
obligated to give unhindered access to his premises to the
defendants while the defendants are executing a search warrant.

“If not restrained by an order of the honourable court, the
defendants shall proceed to execute the said search warrant. The
plaintiff at the place and time hereinbefore informed me and I do
believe him that (a) he has not committed any criminal offence (b)
He is vested with constitutional immunity (c) The actions of the
defendant shall violate his constitutional immunity, (4) The
defendants are witch hunting him to silence him and tarnish his
hard-earned reputation”, the Rivers Attorney General averred.