By Marie-Theresa Nanlong

Jos—A Federal High Court sitting in Jos has varied the earlier order given in respect of the murder charge against the Ekiti State Chairman of the All Progressives Congress, APC, Chief Olajide Awe and four others over the alleged murder of two persons, Mr. Ayo Jeje and Mrs. Juliana Adewunmi.

The APC chieftain and four others had approached the Federal High Court in Jos to enforce their fundamental human rights saying the accusation upon which they were being threatened for arraignment by the Police had earlier been tried, discharged and acquitted by another court.

The plaintiffs therefore asked the court to save them from arraignment pending the determination of the suit.

In an earlier ruling on November 17, in the matter of the application by Awe and four others  for the enforcement of their fundamental human rights, Justice Ambrose Allagoa had issued an ex parte injunction restraining the Inspector General of Police, the Attorney General of the Federation, and the Commissioners of Police in Ekiti and Plateau state who were respondents in the case from arresting, detaining and prosecuting the applicants pending the determination of the motion on notice.

However, ruling on the application filed by the respondents for the vacation of the order, Justice Allagoa said that the police have the liberty to do their job, but must do same within the confines of the law without any illegality.

Allagoa said that though the aim of the applicants in seeking for an injunction restraining the police from arresting and detaining them pending the determination of the motion on notice was to preserve their liberty of movement and association, he was constrained to vary the order because he cannot prevent the police from doing their job.

He warned however that the police should not carry out any illegal act pending the determination of the motion on notice and adjourned the case to January, 13, 2015.

However, Counsel to the police, Mr. Abayomi Sadiku, speaking on the import of the ruling, said that the court held that it cannot distract the respondents from their constitutional rights to carry out their duties as law enforcement officers.

While he would not encourage his clients to flout the law, the counsel added he would also not bar them from performing their functions.

Meanwhile, Counsel to the applicants, Mr. Osho Adetunji, said that no matter the interpretation given to the ruling, what stood clearly is that once a matter is before a court of competent jurisdiction, parties are constrained from taking further action pending the final determination of such a matter.

It would be recalled that the APC chairman, Messrs Faboro John, Aniramu Bashiru, Falayi Busuyi and Owonifari Sefiu had sued the Police seeking among other things an order declaring that their planned arrest, detention and arraignment of the murder of Ayo Jeje and Juliana Adewunmi in charges no: MAD/234c/2013 and MAD/385c; COP vs Jide Awe and 4 others is unconstitutional, illegal and unlawful.