A Federal High Court sitting in Abuja on Friday declined to stop the Police and the Senate from arresting embattled Chairman of the Pension Reform Task Team, Alhaji Abdulrasheed Maina.
Maina, who is wanted by the Senate for alleged N195bn fraud, had approached the court with an ex-parte motion seeking to restrain the Police, Senate, and its Committees on Establishment and Public Service and the Senate Committee on State and Local Goverment Administration s from arresting him until the determination of a substantive suit he had filed against them.
But ruling on the ex-parte motion, trial judge, Justice Adamu Bello expressed sadness that the senior counsel to the applicant addressed the press on Thursday night and informed the public that he had an ex parte application against the respondents before the court
“I must say that the action of the counsel was inappropriate, given that his intention was to get public sympathy in a matter before this court,” he said. “He has given the ex-parte motion publicity and converted it into motion on notice. The application cannot be granted.”
He also said that it was too late for Maina to seek ex parte order, especially as he had filed and served the respondents with the suit for the enforcement of his fundamental rights.
Justice Bello further ruled that the applicant’s claim to urgency was lost when he filed the substantive suit. He told Maina to wait till Monday when his suit for enforcement of fundamental rights will be heard.
Maina had sued the Senate of the Federal Republic of Nigeria, the Senate President Federal Republic of Nigeria, the Clerk of the Senate Federal Republic of Nigeria, the Senate Committee On Establishment and Public Service, the Senate Committee State and Local Government Administration, Inspector General of Police, Senator Aloysius Etuk (The Senate Committee on Establishment and Public Service) and Senator Kabiru Gaya seeking an Order setting aside the warrant of arrest placed on him by the Senate committee.
He also sought a declaration that the decision of the Senate, through its Joint Committee on Establishment & Public Service, and the Committee on State & Local Govt. administration, directing the immediate arrest and detention of the applicant by the 5th respondent without any legal justification is unconstitutional illegal, ultra vires, null and void, and of no effect whatsoever, as same violates Section 36(1) and Section 6 (6) B of the Federal Republic of Nigeria 1999 (as amended).
In addition, he wanted an order directing the respondents to pay the Applicant N1,000,000,000:00 (One Billion Naira) on the footing of the aggravated and exemplary damages for unlawful interference with applicants right to perform his lawful duties and sum of N500,000,000:00 (Five Hundred Million Naira) as general and exemplary damages, among others.
The controversy between Maina, who has gone underground insisting that he will not appear before the Senate Committee that pronounced him guilty, and the Senate reached a head on Thursday when the Presidency said that President Goodluck Jonathan was not backing the embattled chairman of the Pension Reform Task Team but that the Civil Service would determine Maina’s fate.
Reacting to the Senate’s ultimatum given to President Jonathan to sack Maina with immediate effect, Special Adviser to the President on Media and Publicity, Dr. Reuben Abati, said that as a man who believes in the rule of law, the president believes that laid-down procedures should be followed in addressing issues, adding that the process of stripping any erring civil servant of his job resides in the Head of Service of the Federation, who is the executor of the regulations guiding the hiring and firing of anyone found wanting.
“The Senate has constitutional powers to summon anybody,” he said. “If such person failed to appear before them, the lawmakers are also empowered to issue warrant of arrest against the person.
He added that the president has not in any way blocked the Senate from inviting Maina.
“You will recall that the Police even declared him wanted,” he said. “Maina is a civil servant. If he has done something that amounts to a breach of civil service rule, the appropriate office to do the right thing and ensure that due process is followed is the Office of the Head of Service of the Federation.”
