A Federal High Court sitting in Jos, the Plateau State capital, has vacated its order restraining the police from arresting the chairman of All Progressives Congress, APC, in Ekiti State, Jide Awe, and four others wanted for alleged murder.
Justice A. Lewis-Allagoa ruled today that “nobody can tie the hands of the police from performing their constitutional duties”.
He said an earlier order he granted, restraining the arrest of Mr. Awe and others, was just for a limited time.
The APC chairman and four other members of the APC members, namely Faboro John, Aniramu Basiru, Falayi Busuyi and Owonifari Sefiu were declared wanted by the police for their alleged involvement in the murder of two persons in Erinjiyan-Ekiti, Ekiti State, on March 31, 2013.
Those allegedly killed are Ayo Jeje and Juliana Adewumi.
The suspects approached the Federal High Court in Jos, Plateau State with an exparte motion, seeking an order restraining the police from arresting them.
In an earlier motion, they urged the court to declare as unconstitutional the planned arrest, detention and arraignment.
They also argued that the offence for which they were being targeted for arrest had been heard by a court, and the case dismissed.
Ruling on that motion on November 24, Mr. Lewis-Allagoa granted all the relief sought by the accused persons pending the determination of the originating motion on notice before the court.
He ordered the motion be served on the police not less than seven days before the hearing of the Originating Motion on Notice and adjourned the matter to December 3 for hearing.
However, when the matter came up, Abayomi Sadikum, counsel to the Inspector General of Police, Suleiman Abba, and the Commissioners of Police Plateau and Ekiti States, urged the court to vacate the restraining order granted.
Mr. Lewis-Allagoa consequently vacated the order on the ground that the hands of the police could not be tied from performing their constitutional duties.