.. As Court Rejects His Bid To Stop Arrest
PRESIDENT Goodluck Jonathan has directed the Head of the Civil Service of the Federation to commence disciplinary action against the Chairman of the Pension Reform Task Force, Alhaji Abdulrasheed Maina, for absconding from duty.
Consequently, the Head of the Federal Civil Service, Alhaji Isa Bello Sali, Friday in Abuja directed the Permanent Secretary Ministry of the Interior to initiate the action against Maina, a Deputy Director in the Customs, Immigration, and Prisons Pensions Office (CIPPO), an agency under the Ministry.
This is just as the Federal High Court in Abuja Friday refused his request to stop the police from arresting him, as it threw out his ex-parte application to that effect.
Ruling on Maina's application, Justice Adamu Bello chided Maina's lawyer, Mahmoud Magaji (SAN) for granting an interview on the ex-parte application to a television station.
Maina had prayed the court to restrain the Senate from ordering his arrest because he had already filed a suit.
He further asked the court to compel the respondents to pay him N1 billion as aggravated and exemplary damages for unlawful interference with his right to perform his lawful duties and another N500 million as general and exemplary damages.
The Senate had on Wednesday given the President a two-day ultimatum within which to sack Maina from service.
Senate President David Mark announced the ultimatum after a debate on a motion entitled, "Dismissal of Abdulrasheed Maina for refusal to appear before the Senate."
The motion for Maina's dismissal was sponsored by the Leader of the Senate, Victor Ndoma-Egba (SAN), and 107 senators.
However, Special Adviser to the President on Media and Publicity, Dr. Reuben Abati said while briefing the State House correspondents FRIday that Jonathan had directed immediate disciplinary action against Maina.
Abati stated that the President's directive followed a report from the Inspector General of Police on efforts by the Nigeria Police to execute the warrant issued by the Senate for the arrest of Maina.
He said: "Following his receipt from the Inspector General of Police (IGP) of a status report on efforts by the Nigeria Police to execute the warrant issued by the Senate for the arrest of Maina, the President today directed the Head of the Civil Service of the Federation to immediately commence disciplinary action against Maina for absconding from duty.
"Section 030402 of the Federal Government's Public Service Rules lists Absence from Duty without Leave as an act of Serious Misconduct punishable by dismissal.
"The Inspector General of Police, Alhaji Mohammed Abubakar, stated in his report to the President that after receiving the Senate's warrant for the arrest of Maina, he had constituted a team of detectives, under the leadership of a Deputy Inspector General of Police to find and arrest him in compliance with the Senate's directive. "
According to Abati, the IGP reported that the police has since mounted surveillance at Maina's home and office, but has been unable to arrest him because he has gone into hiding and stayed away from both locations since the warrant was issued, leading to his being declared wanted by the Police.
The presidential spokesman said the IGP had assured the President that "intensive search" operations were still ongoing for the arrest of Maina and that "the Police will not relent until he is apprehended and produced before the Senate."
In his directive to the Head of Service, Alhaji Isa Sali, the President noted that the IGP's report clearly indicated that Maina had absconded from his official duties.
"President Jonathan directed the Head of Service to act expeditiously on the disciplinary proceedings against Maina and report back to him on actions taken."
A statement signed by the Director, Press and Public Affairs, Tope Ajakaiye, reads in part: In his directive to the Permanent Secretary, the Head of the Civil Service of the Federation said that following the submission of a report from the IGP to the President of the inability of the Nigeria Police to locate the officer, it has become apparent that he has absconded from duty without leave."
It noted that the action of the embattled pension boss negates basic civil service rules, an action which, he said, carries severe penalty in line with Public Service Rules No. 030301 to 030304.
In dismissing Maina's application, Justice Bello held: "The conduct of the learned senior counsel in the circumstance is inappropriate.
"By leaking the hearing of the ex-parte application to the general public, he has wittingly or unwittingly converted the motion ex-parte to a motion in notice, thereby depriving this court the discretion to grant the interim orders of injunction.
"On this alone, the application cannot be granted."
The Judge also faulted the procedure adopted by the lawyer, saying: "Relying on Order 4 Rule 4c of the Fundamental Rights of Enforcement Procedure Rules 2009 does not assist the applicant, because Rule 4c cannot be read in isolation of Rule 3 of the same order, which provides that the court may, if satisfied that exceptional hardship may be caused on the applicant before the service of the applicant's motion on notice, especially when the life or liberty of the applicant is involved, reject such notice.
"Any ex-parte motion for interim reliefs under the Fundamental Rights of Enforcement especially under Order 4 must be filed before the service of the main application for the enforcement of the Applicant's Fundamental Rights and not after service.
"It is too late in the day to approach the court under Order 4. If there was any urgency in the matter, that urgency was lost when the Applicant filed and served his motion on notice on the Respondents without filing the ex-parte application to seek the interim reliefs.
"It is trite law that self-induced urgency is not a basis upon which interim orders of injunction are granted.
"Consequently, in view of all the reasons stated, I decline to grant the interim orders sought by the Applicant.
"Let him await the hearing of the motion on notice which is fixed for Monday 18th so that other parties could be heard on merit."
In his application, Maina listed the following as the defendants: the Senate, the Senate President, the Clerk of the Senate, the Senate Committee On Establishment & Public Service, the Senate Committee State & Local Govt Administration, the Inspector General of Police, Senator Aloysius Etuk (The Senate Committee on Establishment & Public Service) and Senator Kabiru Gaya (The Senate Committee State & Local Govt Administration).
In the main suit, Maina asked the court for an order of injunction restraining the respondents from arresting or threatening to arrest him, who is exercising his lawful duties a Chairman of PRTT.
He asked for an order setting aside the warrant of arrest issued for his arrest as same constituted a violation of his rights as guaranteed under section 35(1) of the 1999 Constitution.
He also asked for 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 his immediate arrest and detention by the police without any legal justification was unconstitutional, illegal, ultra vires, null and void and of no effect whatsoever as same violated section 36(1) and section 6 (6) B of the constitution, among others.
The Guardian