Court refuses Melaye’s request to order police out of his residence

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The Federal High Court, Abuja on Thursday, refused a request by Sen. Dino Melaye for the Police to vacate his residence and desist from further attempts to arrest him.

Justice Nkeonye Maha refused to grant the request which was brought via a motion ex parte brought by Melaye praying the court to order the Nigerian Police Force to vacate his residence.

Melaye told the court in the fundamental rights enforcement suit that his Abuja home had been invaded and occupied by officers of the Nigerian Police.

The motion was brought pursuant to Order 4 Rule 3 ‎and 11 of the Fundamental Rights Enforcement Rule and Sections 33 and 35 (1) of the 1999 Constitution.

Melaye also asked the court for an interim order asking the police ‎to vacate his premises and to remove all blockades to the entrance so as to allow free entry and exit.

He further asked for an interim order of court restraining the respondents from further threatening his life or throwing his life in jeopardy.

The lawmaker also asked the court to restrain the police from taking further steps to arrest him or further infringe on his rights to free movement.

Mr Okoro, from the law firm of Mr Mike Ozekhome (SAN), who filed the motion on behalf of Melaye argued that under Sections 23 to 30 of the Police Act, the police lacked the powers to block Melaye’s premises.

The motion was supported by a 36 paragraph affidavit attached with seven exhibits and a written address.

Justice Maha, on listening to the submissions of Okoro held that the motion ex parte was refused.

She however ordered for accelerated hearing of the substantive suit and adjourned it until Jan. 14.

‎She also ordered that the case file be returned to the Chief Judge of the Federal High Court, Justice Adamu Abdu-Kafarati for reassignment since her sitting as a vacation judge ends on Jan. 3

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