On January 31, the judge issued a warrant for the arrest of Mr Ehie over his alleged involvement in the burning of part of the Rivers’ House of Assembly.

Pix: Edison Ehie, burnt Rivers Assembly

On Thursday, the Abuja Division of the Federal High Court vacated the warrant of arrest issued on Edison Ehie, the Chief of Staff (CoS), to Governor Siminalayi Fubara of Rivers.

Justice Emeka Nwite, in a ruling, agreed with the CoS’ counsel, Femi Falana (SAN) and Oluwole Aladedoye (SAN), who appeared for Mr Ehie’s co-defendants, that the court lacked jurisdiction to have granted the order.

Mr Nwite held that no pending charge was before the court when the arrest warrant order was made. He, consequently, vacated the warrant issued for the police to effect Mr Ehie and five others’ arrest.

On January 31, the judge issued a warrant for the arrest of Mr 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 Mr Ehie are Jinjiri Bala, Happy Benneth, Progress Joseph, Adokiye Oyagiri, and Chibuike Peter, also known as Rambo.

Mr Nwite gave the order while delivering a ruling in an ex-parte application brought by the Inspector-General 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 Messrs Falana and Aladedoye filed separate motions on behalf of their clients.

While Mr Falana filed a motion seeking an order to set aside the January 31 order, Mr Aladedoye filed an application for a stay of execution of the arrest order.

In a motion marked FHC/ABJ/CS/112/2024, dated February 2 and filed February 7 by Mr Falana, Mr Ehie sought two orders, including “an order setting aside the order made on January 31 for want of jurisdiction.

Giving six grounds of argument, Mr Falana argued that the IGP (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, Mr Aladedoye, in a motion on notice dated and filed February 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 January 31, 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 a three-ground argument, Mr Aladedoye said 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.

The IGP had, in a charge marked FHC/ABJ/CR/25/2024, arraigned Chime Eguma Ezebalike, 37; Prince Lukman Oladele, 47; Kenneth Goodluck Kpasa, 40; Osiga Donald, 42; and Ochueja Thankgod, 35, before a sister court presided over by Justice Bolaji Olajuwon on January 25 in Abuja.

They, however, pleaded not guilty to the counts and were remanded in Kuje Correctional Centre.

The IGP, who arraigned them on a seven-count criminal charge bordering on terrorism and murder, declared Mr Ehie and five others, said to be at large, wanted.

Mr Ehie, who was later appointed as CoS after he resigned as member and factional speaker of the Rivers Assembly, was alleged to be among the suspects charged by the IGP.

His resignation was said to be part of the agreements reached to reconcile Mr Fubara and former Governor Nyesom Wike, now the FCT Minister.

(NAN)