A Federal High Court in Jos, Plateau State has vacated its order restraining the police from arresting the All Progressives Congress (APC) in Ekiti State Chairman, Jide Awe and four others who are wanted for alleged murder.
Justice A. Lewis-Allagoa ruled on Wednesday, 3rd December, 2014 that “nobody can tie the hands of the police from performing their constitutional duties,” and that the exparte order he granted, restraining the arrest of Jide Awe and others was just for a limited time.
Jide Awe, and four other members of the APC members are wanted by the police for their alleged involvement in the murder of Ayo Jeje and Juliana Adewumi in Erinjiyan-Ekiti, Ekiti State on 31st March, 2013.
Apart from Jide Awe, others wanted by the police for the murder trial are: Faboro Ojo John, Aniramu Basiru, Falayi Busuyi and Owonifari Sefiu.
The suspects had approached the Federal High Court in Jos, Plateau State with an exparte motion, seeking an order restraining the police from arresting them.
In a motion before Justice A. Lewis-Allagoa, the plaintiffs urged the court to declare as unconstitutional; the plan and threat to arrest, detain and arraign them.
The plaintiffs argued that the offence for which they were being targeted for re-arrest had been heard by a court and the case dismissed.
Ruling on the exparte motion, Justice Lewis-Allagoa granted all the reliefs sought by the applicants pending the determination of the originating motion on notice before the court.
He ordered the motion be served on the respondents not less than seven days before the hearing of the Originating Motion on Notice and adjourned the matter to December 3, 2014 for hearing.
However, when the matter came up on Wednesday, 3rd December, 2014, counsel to the Inspector General of Police, Plateau and Ekiti State Commissioner of Police, Mr Abayomi Sadiku urged the court to vacate the restraining order granted on 24th November, 2014.
Justice Allagoa consequenly vacated the order, on the ground that the hands of the police cannot be tied from performing their constitutional duties.