News - Again, court refuses Maina’s bid to stop arrest

[TGD]

 FOR the second time, the Federal High Court, Abuja Division, Monday threw out the application filed by the Chairman of the Presidential Task Force Team on Pension, Abdulrasheed Maina, seeking to stop the police from arresting him for his failure to appear before the Senate.

The court also granted the Senate and seven others extension of time to file their counter-affidavit, written address and to enter a conditional appearance.

Joined in the suit are the Senate President, Clerk of the Senate, the Senate Committee on Establishment and Public Service, the Senate Committee on State and Local Government Administration, Inspector-General of Police, Senator Aloysius Etuk (of the Senate Committee on Establishment and Public Service) and Senator Kabiru Gaya (of the Senate Committee on State and Local Government Administration) as second to eighth respondents.

Maina had, through his counsel, M.A Magaji (SAN), filed an application praying for the enforcement of his fundamental human rights. At the resumed hearing yesterday, counsel to the respondents, Ken Ikonne, brought an application seeking an extension of time to file his counter-affidavit, written address and to enter a conditional appearance.

Counsel to the IGP, who is the sixth respondent, Ngosoo Uchendu, and that of Maina did not oppose the application. The court, therefore, granted the application as prayed. Counsel to the applicant raised an oral application praying the court to formally pronounce that parties in the suit should maintain the status quo pending the hearing and determination of the suit before it.

He submitted that it was a trite law that when parties submit themselves for adjudication, it is expected that they would not do anything that would vitiate the proceedings of the court. However, counsel to the respondents opposed the application on the ground that the court has become a functus officio, having thrown out the same application the applicant brought earlier by way of ex parte.

He further submitted that the applicant had refused to place before the court any material alleging that any of the respondents was working or planning to do anything to vitiate the proceedings of the court. He also argued that such an application brought by the applicant should be made formally and not orally.

 

In his ruling, Justice Adamu Bello held that the court could not sit over its own appeal and that only the Court of Appeal could do so. Therefore, he ruled that he could not set aside the ruling he earlier delivered last Friday refusing to make an order for status quo. Consequently, he refused the application.

The court further gave the respondents three days to file their response and another three days for the applicant to file his reply on points of law.



The Guardian

[Folami David]

that is the decision they have decided to take.only corruption can change it