The governor has applied for a restraining injunction against three security agencies from conducting any search.
In a suit filed by his counsel, Sylva Ogwemoh (SAN), the outspoken governor has applied for a restraining injunction against the Inspector General of Police (IGP), Ibrahim Idris, the Economic and Financial Crimes Commission (EFCC), the State Security Services (SSS) and their agents from conducting any search on his properties.
The originating summon was supported by a 24-paragraph affidavit deposed by Emmanuel Chinwenwo Aguma (SAN), arguing that obtaining a warrant to search the governor's properties would be a violation of Section 308 of the country's constitution.
In the suit, Ogwemoh said, "Whether Section 308 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) precludes the defendants from applying for and or obtaining any process of any court requiring or compelling the appearance of plaintiff who is the current governor of Rivers State, Nigeria.
"Whether the defendants can combine effect of the said section and those of 149 and 150 of Administration of Criminal Justice Act 2015 apply for, obtain, issue or in any manner or form effectively execute a search warrant at the residence of the plaintiff in Abuja or in any of the plaintiff’s residence in other locations in Nigeria without the physical presence of Wike or his privy in the course of the execution of such search warrant.
“If the answer to question two above is in the negative, will the issuing, obtaining and executing of search warrant at the residence of the plaintiff in Abuja or in any of the plaintiff’s residence in any other location in Nigeria, not amount to a violation of Section 308 of the constitution?"
Wike has previously claimed the Inspector General of Police has sanctioned an assassination plot against him and claims the raid is an attempt to incriminate him with planted evidence.
Justice Ahmed Mohammed adjourned the case till September 26 for hearing.