Justice A. Lewis-Allagoa ruled today that “nobody can tie the hands of the police from performing their constitutional duties”.
He said the order he granted earlier, restraining the arrest of Mr. Awe and others, was just for a limited time.
Premium Times reports that, the Ekiti APC chairman Jide Awe, and four other 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 people in Erinjiyan-Ekiti, Ekiti State, on March 31, 2013.
The deceased were Ayo Jeje and Juliana Adewumi.
The suspects went to the Federal High Court in Jos, Plateau State with an exparte motion, seeking an order to stop 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 charges for which they were being suspected for had been heard by a court, and the case dismissed.
Ruling on that motion on November 24, 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 to 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, pushed the court to vacate the restraining order given.
Lewis-Allagoa therefore vacated the order on the ground that the hands of the police could not be tied from performing their constitutional duties.
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