Wabara’s abduction saga: Court orders police, Abia’s AG to maintain status quo

Justice Okon Abang of a Federal High Court sitting in Lagos has ordered the Inspector General of Police (IGP), Abia State Chief Magistrate, Mr. John Ukpai and the Attorney General (AG) of Abia State to maintain the status quo based on the reliefs sought by Associate Editor of The Sun, Mr. Ebere Wabara, and his colleague, Chuks Onuoha, in a fundamental right suit filed before court.
Wabara was abducted from his Lagos home last month by policemen from Abia State and taken to Umuahia by road in handcuffs. Four days thereafter, a charge of sedition was slammed on him in Umuahia.
At the resumed hearing of the application filed by Wabara and Onuoha yesterday, counsel to the first and second respondents were absent. Following this, the applicants’ counsel, Bamidele Aturu, registered his anger with the court over the alleged disrespect to the judicial system by the second respondent, Chief Magistrate Ukpai.
Aturu informed the court that all the respondents in the suit have been served, except Ukpai, whom he alleged had instructed his court’s registrar not to acknowledge any court process served on him.
The third respondent’s counsel, Emmanuel Wike, acknowledged the court process but prayed for time to respond.
The applicants’ counsel, in a spirited effort, urged the court to order the third respondent to write an undertaking that Wabara and Onuoha will not be harassed, arrested, or intimidated, pending the determination of the suit, but Wike opposed it.
The trial judge, Justice Abang, however, ruled in favour of the applicants.
“It is a known fact that any matter that is before a competent court cannot be tampered with again by the parties or any other person; any action contrary to this is unlawful. I hereby order the respondents in this suit to maintain status quo ante bellum based on the reliefs sought by the applicants in his originating summons,” the court ruled.
Meanwhile, the court has fixed May 28 for definite hearing of the matter. Among the reliefs the applicants seek before the court are: “A declaration that no officer serving under the operational command of the 1st respondent (Inspector General of Police) can lawfully arrest and detain the applicants on the basis of a bench warrant purportedly issued by the 2nd respondent on the 31st day of March 2014 in respect of charges of sedition or criminal defamation, which, on the authority of the Court of Appeal decision in Arthur Nwankwo V State (1985) NCLR 288, is no longer a legally punishable offence, having regard to section 39 of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
“A declaration that the bench warrant purportedly issued for the arrest and detention of the applicants by the 2nd respondent on the 31st day of March 2014 in respect of charges of sedition or criminal defamation, which, on the authority of the Court of Appeal decision in Arthur Nwankwo V State (1985) NCLR 288, is no longer a legally punishable offence, having regard to section 39 of the Constitution of the Federal Republic of Nigeria, 1999 as amended is null, void, illegal, inoperative, unconstitutional and of no effect whatsoever.
“An order setting aside the bench warrant purportedly issued for the arrest and detention of the applicants by the 2nd respondent on the 31st day of March 2014 in respect of charges of sedition or criminal defamation.
“A declaration that charge nos. U/111c/2014 between Commissioner of Police v Ebere Wabara containing charges of sedition or criminal defamation, which, on the authority of the Court of Appeal decision in Arthur Nwankwo V State (1985) NCLR 288, is no longer a legally punishable offence, having regard to section 39 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, is null, void, illegal, inoperative, unconstitutional and of no effect whatsoever.
“An order quashing charge nos. U/111c/2014 between Commissioner of Police v Ebere Wabara containing charges of sedition or criminal defamation, on the authority of the Court of Appeal decision in Arthur Nwankwo V State (1985) NCLR 288 is no longer a legally punishable offence, having regard to section 39 of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
“An order of perpetual injunction restraining the respondents, whether by themselves, agents, servants, privies, or officers or by whomsoever and howsoever from arresting or detaining the applicants or in any other way limiting, restricting, or abridging their right to personal liberty guaranteed by section 35 of the Constitution of the Federal Republic of Nigeria, 1999 as amended and Article 6 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, cap A. 9, Laws of the Federation of Nigeria, 2004 on the basis of the bench warrant purportedly issued for the arrest and detention of the Applicants by the 2nd Respondent on the 31st day of March 2014 in respect of charges of sedition or criminal defamation.”
Wabara was abducted from his Surulere, Lagos home on March 28, 2014 by men of the Abia State Police Command, who later took him to Umuahia in handcuffs.
After his release on bail, on Saturday, March 29, 2014, at 10.15p.m Wabara landed in hospital due to the ordeal he went through in the hands of his captors. His ill health did not stop the police from slamming him with 10-count charge bordering on seditious publications against the person of the Abia State governor, Theodore Amaefule Orji.
Due to his absence in court, the police also secured a bench warrant against him and his surety, Chuks Onuoha,
Based on this, he and his colleague, Onuoha dragged the respondents before the court for the enforcement of their fundamental human rights.