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Maina: Court grants perpetual injunction against his arrest

*Senate should follow its own procedures

Chairman of the disbanded Pension Reform Task Team (PRTT), Mr. Abdulrasheed Maina, scored a massive judicial victory against the Senate on Wednesday as the Federal High Court granted a perpetual injunction restraining the Inspector General of Police, Mr. Mohammed Abubakar, from arresting him.

The court also set aside an earlier warrant of arrest issued on him aside, illegal, null and void.

Sequel to intensified bid by the Senate to apprehend him for questioning, Maina, approached the high court, alleging threat to his fundamental human right to life and liberty as enshrined in section 35 of the 1999 constitution.

According to Justice Adamu Bello, who delivered the judgment in the enforcement of Fundamental Human Right suit instituted by Maina, the verdict is pegged on the ground that the Senate did not follow due process in issuing the warrant of arrest.

He also noted that the Senate failed to annex all necessary documents to aid the dismissal of Maina’s request before the court.

However, Justice Adamu Bello cautioned against misreading his judgment as an affirmation that the Senate lacks the powers to investigate or summon any person to give evidence regarding any subject matter under investigation.

He stated that the injunction only has to do with the warrant of arrest against Maina being set aside because it did not meet with the prescribed procedures set for the Senate to have followed in such circumstances.

In the suit, Maina dragged the Senate, Senate President and the Clerk of the Senate, before the court.

Joined in the suit are the Senate Committee on Establishment and Public Service, Senate Committee on State and Local Government Administration, the Inspector General of Police, Sen. Alloysius Etuk, Chairman, Senate Committee on Establishment and Public Service, Sen. Kabiru Gaya, Chairman, Senate Committee on State and Local Government Administration.

Arguing through his lawyer Mr M. A Magaji (SAN), Maina, insisted that the Senate acted beyond its powers when it ordered his arrest, contending that “nowhere in the entire provision of section 89 of the 1999 constitution which was relied upon by the Senate, was the word ‘Arrest’ mentioned.

He equally adduced 11 exhibits he said would prove that he was being witch-hunted unnecessarily, just as he urged the court to award to him the sum of N1.5billion “for the trauma, psychological pain they have subjected me to.”

He asked the court to quash the purported report of the Senate committee’s resolutions and declare the warrant issued for his arrest as unconstitutional, null and void.

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