The Federal High Court sitting in Abuja has vacated an ex-parte order secured on January 31st by the Inspector-General of Police, declaring the Chief of Staff, Rivers State Government House, Edison Ehie, wanted.

The court set aside the order while ruling on a motion on notice brought by Jinjiri Bala, Happy Benneth, Progress Joseph, Adokiye Oyagiri and Chibuike Peter named as 2nd to 6th defendants challenging the order that declared them alongside Ehie.

The respondents/applicants had approached the court praying an order setting aside the ex-parte order made on the 31st of January for want of jurisdiction.

“An order staying the execution of the order made on the 31st of January pending the determination of the application”.

Among the grounds of the application, the respondents/applicants argued that the complainant/respondent had not filed any charge or motion on notice before the court.

They further posited that the complainant/respondent did not file any criminal charge in the court and that the court lacked the territorial jurisdiction to entertain the application ex-parte as the alleged offences of conspiracy, attempted murder, murder and arson took place in Port Harcourt, Rivers State.

The court in a copy of its ruling dated April 29th and delivered by Justice Emeka Nwite, granted the prayers of the respondents/applicants and stayed the execution of the order pending the determination of the motion on notice.

Nwite said: “I agree with the submission of the learned counsel to the second and 6th respondents that since the honourable court is not par of police investigation, it’s power to grant an application for the arrest of a person is limited to appending criminal case.

“Since the respondent did not file any charge before the honourable court, the application for the arrest of the applicants and to have them declared wanted is illegal, null and void hence on this ground alone, the order made by the honourable court on the 31st day of January, 2024 is hereby set aside,” he added.

The judge also affirmed that the court lacked the jurisdiction to grant the ex-parte order that declared Edison and others wanted on alleged case of felony, conspiracy and murder.

Relying on some judicial precedents, the judge said: “It is obvious that a court is not functus Officio in setting aside an order, which is made without jurisdiction.

‘I am of the humble view and I so hold that the order made by this honourable court on the 31st day of January 2024 for the warrant of arrest of the applicants and to have them declared wanted is made without jurisdiction and same is hereby set aside. (The Nation)

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