Court voids alleged attempt by police to get search warrant for Wike’s houses

The Federal High Court in Abuja ruled on Wednesday that search warrants could not be applied for or executed against a serving president, vice-president, governors or deputy governors.

Delivering a judgment, Justice Ahmed Mohammed, therefore, stopped any alleged plan to apply for a search warrant and execute same at the residences of Governor Nyesom Wike of River State in Abuja and other parts of the country.

Justice Mohammed gave the restraining order against the Nigeria Police Force, the Inspector-General of Police, Mr. Ibrahim Idris, the Economic and Financial Crimes Commission and the Department of State Service, who were the defendants in a suit instituted by Wike on May 4, 2017.

The suit in which the judgment was delivered on 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 court against a serving governor such as Wike who enjoys immunity under Section 308 of the Constitution.

The judgment drew a contrast between sections 149 and 150 of the Administration of Criminal Justice Act, on the one hand, and Section 308(1)(c) of the Nigerian Constitution, on the other — 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.

Justice 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 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

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