Court  sets  aside  warrant  of  arrest  against Senator Igbeke

Newsdiaryonline Wed May 18,2011

A senior Magistrate Court in Abuja today set aside the warrant of arrest issued by it against Senator Alphonsus Igbeke pending the hearing and determination of the motion on notice  which has been fixed for 19th May, 2011.

The court  considered the argument marshalled by Igbeke’s lawyers led by Festus Keyamo before vacating its earlier order.Newsdiaryonline also learnt that Festus Keyamo Esq has immediately written to the Inspector-General of Police to duly inform him of the new development.  

See below the full text of the court’s order : 

“IN THE SENIOR MAGISTRATE COURT OF FCT , ABUJA

IN THE WUSE ZONE 2 MAGISTERIAL DISTRICT

HOLDEN AT WUSE ZONE 2

Suit No.: M/05`/11

 BETWEEN:

SENATOR ALPHONSUS IGBEKE                   ……….APPLICANT

AND 

COP                                                      ……..…..RESPONDENT

Applicant: Absent 

Respondent: Absent

Counsel to Applicant: Oghenovo Otemu, Esq., appearing for the Applicant.

Court: This is the Ruling of the court. 

RULING

This Ruling emanated as a result of endorsement of arrest warrant made by this  court in the cause of investigation activities from the Inspector General of  Police office against the Applicant.

The Applicant filed both motion exparte and motion on notice seeking an order of  this court vacating same on the ground that there is a subsisting court order  made by a Federal High Court in Abuja against the Respondent. The Applicant is  praying to this court for an Interim Order suspending the execution of the  warrant of arrest issued by this court against the Applicant pending the hearing  and determination of the motion on notice. 

In support of the application, the Applicant filed 4 paragraphs affidavit of  urgency and 6 paragraphs affidavit in support of the application and both were  deposed to by one Seyi Bakare and he relied on all the averments in both  affidavits. And attached to the application are 3 annexures marked as Exhibit A,  B and C. The applicant relied on all the annexures in support of the  application.

In his submission, the learned counsel to the Applicant informed this court that  they want this court to suspend the execution of the warrant of arrest in the  interim so that the Applicant can concentrate in his legislative  responsibilities due to the fact that the same is being disrupted as a result of  the warrant of arrest issued by this court. He said the Applicant has also been  re-elected as a Senator and a Certificate of Return duly given or issued to him  upon the Order of the Federal High Court, he said if the arrest warrant is  executed it will surely disrupt the swearing in of the Applicant for the  2011-2015 term. The learned counsel further stated that the arrest warrant  obtained by the Respondent is an abuse of court process as shown in Exhibit B.  He said the Applicant and the Respondent are before the Federal High Court on  the same issue that necessitated the arrest warrant. He said the Respondent has  entered appearance and the substantive matter will come up on the 30th of May,

2011. He said it is an abuse of court process which the Respondent concealed  this facts from this court in order to obtain the warrant of arrest. He said  with this, we have two substantive court orders pending, that of the Federal  High Court and the order of this court on the same issue. He said it is an  attempt to rubbish and mess up the judicial institution.

He further stated having joined issue with the Respondent at the Federal High Court, they have to wait for the determination of the Federal High Court. He  said they are sure that this court will not help the Respondent in perpetrating  an illegality.

Finally, he urged this court to grant their application. 

Having heard the submission made by the learned counsel to the Applicant,  canvassing both on points of law and of facts, and having read the two  affidavits sworn to in support of this application and the contents of Exhibits  A, B & C most especially Exhibit B showing an Order of the Federal High Court in  Suit No. FHC/ABJ/CS/384/2011 before Hon. Justice A. Abdu-Kafarati, in view of  the above I felt the application has merit and equally granted.

I hereby set aside the warrant of arrest issued by this court against the  Applicant pending the hearing and determination of the motion on notice. This  matter is adjourned to 19th May, 2011 for the hearing of the motion on notice.

Signed

His Worship,

Attahiru Alkali”

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