CHAIRMAN of the Pensions Reform Task Force, Abdulrasheed Maina, has dragged the Senate and the Police before the Federal High Court, Abuja, on a matter of breach of fundamental rights in pursuance to Section 46(3) of the Constitution of the Federal Republic of Nigeria.
Maina, in Suit No. FHC/ABJ/CS/ 65/20B, alleged that the total denial of fair hearing, dispensation of naked injustice and severe persecution meted out to him by the Senator Aloysius Etuk-led Pensions Probe Senate Committee and the declaration made by the Police that he was wanted like a common criminal, necessitated his action.
In the suit instituted by his counsel, Mahmud A. Magaji (SAN), Maina seeks an order to quash the purported report of the Senate committee's resolutions and to declare his arrest by the police as unconstitutional. In addition, he demanded N1.5 billion in damages.
The case, which comes up on Monday, February 11, 2013, at the Federal High Court in Abuja, will have the Senate, 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; the Inspector General of Police, Senator Aloysius Etuk (The Senate Committee on Establishment and Public Service) and Senator Kabiru Gaya (the Senate Committee, State and Local Government Administration) as defendants.
According to the suit, counsel to the applicant, Mahmud, will appear in the court for adoption on behalf of the applicant, for the order setting aside the warrant of arrest by the Police on February 2, 2013. This action by the police, the suit said, constituted a violation of Maina's rights as guaranteed under Section 35(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
An order restraining the respondents, especially the Clerk, Senate Committee on Establishment, Senate Committee on State and Local Government Administration, their agents, servants and privies howsoever called, and either jointly and/or severally from interfering with management and administration of Pensions Reform Task Team, or initiating the arrest of Maina as chairman, Pensions Reform Task Team as same is unconstitutional, illegal, null and void, as same violates the provisions of Section 36 (1) and 6 (6) B of the Constitution of the Federal Republic of Nigeria.
The suit further placed an order restraining the respondents, jointly and severally, from further issuance of any letter of invitation to the applicant as respondents having completed and submitted their report without giving fair hearing to the applicant, is a violation of the applicant's rights as guaranteed under the constitution.
It demanded for the report of the committee to be presented in court at the commencement of the hearing to ascertain whether the applicant was actually given fair hearing before the said report was made.
The order further seeks to restrain the police from unlawful harassment, intimidation, arresting or threatening to arrest Maina in the exercise of his duties as chairman, Pensions Reform Task Team.
It declared that the threat, intimidation and attempts to arrest him is unconstitutional, illegal, null and void and of no effect whatsoever.
The order also seeks to compel the respondents to pay the applicant N1 billion for aggravated and exemplary damages and for unlawful interference with the applicant's rights to perform his lawful duties and sum of N.5 million as general and exemplary damages.
The Guardian