The Nigeria Police have
challenged the jurisdiction of the Federal High Court, Abuja to hear a
suit filed by Rivers governor, Mr Nyesom Wike.
Wike
is seeking to stop the police from investigating allegations, petitions
of crimes and various acts of criminality during the December 2016
River’s re-run election.
The Inspector-General of Police Ibrahim Idris and a Deputy Commissioner of Police, Mr Damian Okoro, who are first and third defendants in the suit, told the court that it lacked jurisdiction to entertain the matter.
Counsel to the IGP and deputy commissioner, Mr Deji Morakinyo told the court that the defendants had filed a notice of preliminary objection to Wike’s motion on interlocutory injunction.
Morakinyo
told the court that the issue of jurisdiction was of importance and
should first be decided before the substantive case can be heard.
The
counsel added that the defendants would oppose any application that
sought to prevent the police from carrying out its constitutional
duties.
Counsel to Wike, Mr Mike Ozekhome (SAN)
while arguing the motion, told the court that the action of the police
to constitute a panel to investigate the crisis that trailed the re-run
election was illegal.
He said it was in the
interest of justice for the court to ask that the investigation be
suspended pending the outcome of the suit, saying that the investigation
was the matter in contention.
Trial judge, Justice Gabriel Kolawole
said the proceeding for Monday was for the defendants to show cause why
they should not be restrained from investigating the allegations
following the re-run election.
Kolawale, however,
noted that he saw no irreparable damage that the plaintiff would suffer
if the police went ahead with its investigation.
According
to him, even if the investigation is conducted, the court has the power
to set aside the report of the investigation, for being conducted while
the matter is still pending in court.
He said it
was left for the defendants to decide whether or not to go ahead with
the investigation knowing that it could be over ruled by the court.
Kolawale adjourned the matter till Feb. 10 for continuation.
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