A Federal High court sitting in Port Harcourt has struck out the charges levelled against some members of the All Progressives Congress, APC, arrested in different Local Government Areas of Rivers state.
Adiele Sam-Wobo, the Caretaker Committee Chairman of Etche, Charles Anyawu and three others were arrested by men of the State Anti-Robbery Squad, SARS and were charged with illegal possession of fire arms, among other charges.
Belu-Olisa Nwofor, a Senior Advocate of Nigeria, who is Counsel to the accused persons had applied for bail under section 118, sub-section 2 of the Criminal act and asked the court to dismiss the matter against his clients.
Trial Judge, Justice Lambo Akanbi struck out the matter on grounds that the charges against the five suspects were not properly filed.
Speaking with newsmen, the Prosecutor, Donald Dem-Nwigwe, who is a Senior Advocate of Nigeria, SAN, affirmed that there were technical defects in the charges.
On his part, Defence Counsel, Belu-Olisah Nwofor, SAN commended the prosecution for his professionalism in withdrawing the case against his clients.
Meanwhile, the Legal representatives of the re-arrested members of the All Progressives Congress, APC, have condemned the manner in which the police carried out their duties.
The lawyers are lamenting the safety of the APC chieftains.
Reacting to the development, one of the counsels representing the accused APC member, Emenike Ebete said the police displayed a high level of impunity in the arrest of his clients.
Ebete also wondered why the police in Rivers state disregarded the law without recourse.
According to Ebete, “They spotted a defect in the charge and the charge was withdrawn on their own. And the court has struck out the charge; instead of them to allow the men walk home freely, notify them any day they want them in court, the police took the laws into their hands by re-arresting my clients. This is impunity which is not supposed to be.
“A court has struck out the charge then why are they finding it difficult to allow them go home freely”.
Lead Defence Counsel, Belu-Olisah Nwofor told newsmen that the police had trampled on the fundamental human rights of his clients.
“We are citizens of Nigeria and we have rights to our personal liberty, freedom of movement and no one should deprive other persons of these liberties which is what makes us human beings.
“A court has taken a decision and you don’t like it. You can’t re-arrest a person who has just been set free and then take him by force.
“Their fundamental rights have been violated and we do not have a choice than to resort back to the law,” he said.
In the meantime, the five suspects are expected to be brought back to court on fresh charges.
