Court Adjourns To 29th Sept For Ruling On Abuse Of Fundamental Human Rights Against Dr Obadiah Mailafiya
Yakubu Busari
A Plateau State High Court sitting in Jos, Division on under Justice Musa Ashom has adjourned to 29th September 2020 for ruling on applications of abuse of fundamental human right by the Nigeria Police, Department of state security, DSS, and Federal Republic of Nigeria over constant harassment and invitation of Dr. Obadiah Mailafia.
Counsel to the Plaintiff, Barr Pius Okubo, SAN, told the Court that the invitations of his client by the Nigeria Police Force, DSS, is a threat to his fundamental right.
The plaintiff/Applicant counsel, Okubo says, he motion dated 8th September 2020 and was filed 9th September 2020 seeking the three pleadings in paragraphs 1-10 of the affidavit supported of the originating application.
He explained that the grounds of the application are that Dr. Mailafiya has already been invited by the DSS in furtherance to the 9th August 2020 which is a brutal killing in North-Central Nigeria and the world.
According to him, an instance of embarking on a thorough investigation into the issue by the federal government a lopsided with constantly harassing him under a matter touching on the security of lives and properties of vulnerable Nigerian.
He submitted that matter involving internal is within the purview of the DSS and drew the attention of the court to section 2 of National act subsection 3a,3b act capt N74 law 2004 of the Nigeria weekly law report.
The Chairman of Nigeria Bar Association, NBA, Barr Yakubu Bawa( Esq ) in an interview with journalists said that their client Dr. Obadiah Mailafiya has been subjected to constant invitations.
We argue it saying that as a citizen of Nigeria he dispose to invite him for interrogation within the ambit of the law in section 4 doesn’t give that law shouldn’t allow security personnel to invite him again.
However, Counsel to the 1st, 2nd, and 3rd defendants, Barr Lukman Fagbemi explained that the applicant came to court touching on the internal security of the country seeking the court to protect his fundamental right.
He stated that the Nigerian police are on the right path inviting, the security personnel has not done anything wrong so granting him the application stopping is going temper with the Nigerians who committed an offense then ran to seek refuge under the ambit of the law.
Adding, except they Nigeria Police indicate that they’ve interior motive which is under section 4 of the police action is very clear they can carry out investigation within and outside Nigeria.
Fagbemi maintained that nothing to say that the DSS has done and that will not warrant police to embark on their thorough investigation into the issue of an interview he granted a radio station in Lagos state.
He urged the court to dismiss the Plaintiff application of praying that the matter should proceed because stopping the Nigerian police from carrying or performing their function citing the case of G international Operation Ltd against Q & oil, gas service ltd 2016 LBLR supreme court judgment.
Barr Pius Okubo argued that the section 115 of the evidence act cited didn’t justify the use of Ezekiel K.Ojo respondent is an inexcusable fact of violation of section 4 of the evidence act which imposes an obligation to display the name of his informant.
Secondly, to give reasons for inviting him for just an interview is self-defeating paralyzes so you can’t speak from both side of the mouth for Kashamu rushing to court to stop is an abuse of the court process.
He reiterated that AG against Kashamu supra it is merely an academic hypothetical enforcement procedure.
