Court stops Senate, IG from arresting Maina

former Chairman of the Pension Reform Task Team, Mr. Abdulrasheed Maina

An Abuja Federal High Court on Wednesday granted an order of perpetual injunction restraining the Senate, and the Inspector General of Police, Mr. Mohammed Abubakar, from arresting or executing the warrant of arrest issued on the former chairman of the Pension Reform Task Team, Mr. Abdulrasheed Maina.

The court, presided by Justice Adamu Bello, granted the order in its judgment in a suit filed by Maina to enforce his fundamental human rights. He, thereby set aside the warrant of arrest issued on him by the Senate on February 2, 2013.

The Senate issued the warrant after Maina failed to appear before it.

Following the development, Maina, through his counsel, Mr. M. A. Magaji, SAN, dragged the Senate, Senate President, Clerk of the Senate, Senate Committee on Establishment and Public Service, Senate Committee State and Local Government Administration, the Inspector General of Police, as well as senators Aloysius Etuk and Kabiru Gaya, before the Abuja FHC, asking the court to stop his planned arrest, and also order the respondents to pay him the sum of N1.5bn as compensation for the trauma and psychological pain they allegedly caused him and his family.

The Senate and the IGP, through their counsel, Ken Ikonne and T. A. Ngoso, had opposed the application, and asked the court to dismiss it.

But delivering the judgment, after three adjournments, on Wednesday, Justice Bello granted Maina’s prayers.

The judge held that the warrant of arrest was invalid because the Senate did not fully follow the conditions precedent to the issuance of a warrant of arrest.

Although he acknowledged the powers of the Senate to summon government agencies, as well as public officials, by virtue of the provisions of sections 88 and 89 of the 1999 Constitution, as amended, Justice Bello also noted that such powers are not absolute.

According to Justice Bello, before a warrant of arrest or resolution could be said to have been properly or validly issued, it must be published in a government gazette.

The judge nevertheless noted that the National Assembly still has the powers to summon government agencies and officials, and also conduct investigations.

After setting aside the warrant of arrest and granting an order of perpetual injunction restraining the IG and the Senate from arresting Maina, Justice Bello advised the former PRTT boss to submit himself to the Senate.

PUNCH