In a recent development, the Court of Appeal sittings in Port Harcourt have reversed a warrant of arrest order issued by a High Court against former Minister of Transportation, Chibuike Amaechi, and five other individuals. The ruling comes as a relief for Amaechi and his co-defendants, following a legal battle with the Rivers State Government. In this CURRENT REPORT BLOG POST, we will delve into the details of the case and the court’s decision.
High Court’s Arrest Order
The High Court, presided over by Justice Chinwedu Nwogu, had granted a warrant of arrest against Chibuike Amaechi, Patrick Tonye-Cole (APC Governorship Candidate), Augustine Wokocha (former Commissioner for Energy), and three others. This order was issued on May 17, 2023, in response to a criminal suit filed by the Rivers State Government.
Challenge at the Court of Appeal
Amaechi and his co-defendants decided to challenge the High Court’s ruling at the Court of Appeal. They argued that the High Court should not have proceeded with the case while it was already under appeal.
The Appeal Court’s Verdict
A three-man panel led by Justice Joseph Ikyegh unanimously ruled in favor of Amaechi and the other defendants. The panel concluded that the High Court had erred by continuing with the matter despite its ongoing appeal. As a result, the warrant of arrest was set aside.
Faulty Process of Service
Additionally, the appeal court criticized the process of serving the defendants. They found faults with the way the defendants were notified and served the arrest order. This further supported the decision to overturn the warrant.
Counsel’s Explanation
Achinike Wobodo-Williams, one of the counsels representing Amaechi and Tonye-Cole, expressed his views outside the courtroom. He highlighted that the arrest warrant should not have been issued while the case was still under appeal, emphasizing the importance of due process.
Conclusion
The recent ruling by the Court of Appeal in Port Harcourt has brought relief to Rotimi Amaechi and five other individuals who were facing an arrest order issued by the High Court. The decision to set aside the warrant of arrest was based on the flawed process of service and the impropriety of continuing with the case during the appeal. As the legal proceedings unfold, it remains to be seen how this ruling will impact the overall outcome of the criminal suit brought by the Rivers State Government.
