By Moses Gbande
Justice Musa Ashom me has adjourned to 29th September, 2020 for ruling on applications brught before him over alleged abuse of fundamental human rights.
A renown Lawyer, and Counsel to the former deputy Governor of CBN, (Dr Onadiah Mailafiya) Barr. Pius Okubo ,SAN is challenging the Nigeria Police, Department of State Security, DSS and Federal Republic of Nigeria over constant harassment and invitation of his client, Dr Obadiah Mailafia .
When the case came for hearing at Plateau State High Court sitting in Jos, Division, the lead Counsel to the Plaintiff ,Barr Pius Akubo ,SAN,told the Court that the reinvitations of his client by the Nigeria Police Force ,DSS ,is a threat to his fundamental human rights .
Barr. Akubo says he has a motion on notice dated 8th September, and filed 9th September, 2020 seeking for the three pleadings as contained in paragraphs 1-10 of the affidavit supported by the originating application .
He explained that the grounds of the application is that Dr Mailafiya has already been invited by the DSS in furtherance to the 9th August, 2020 which is brutal killing in North-Central Nigeria and the world .
According to him, instance of embarking on thorough investigation into the issue, the federal government through it’s agencies are constantly harassing him under a matter touching on 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 sub-section 3a,3b act capt N74 law 2004 of the Nigeria weekly law report .
Speaking with Journalists shortly after the sitting, the Chairman of Nigeria Bar Association, NBA, Jos Branch, Barr. Yakubu Bawa( Esq) told journalists that their client, Dr Obadiah Mailafiya has been subjected to constant invitations .
According to him, under section (4) of the police act, the Nigerian Police have no right to invite anyone on issues that has to do with internal security
However ,Counsel to the 1st ,2nd and 3rd defendants ,Barr. Lukman Fagbemi explained that the applicant came to court touching on internal security of the country seeking the court to protect his fundamental rights.
Saying that the Nigeria police are on the right path inviting him, and that 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 law.
Adding ,except they Nigeria Police indicate that they’ve interior motive, saying section 4 of the police act is very clear they can carry out investigation within and outside the Nigeria .
He urged the court to dismiss the Plaintiff application of praying that the matter should proceed because stopping the Nigeria police from carrying or performing their function.
He cited the case of G international Operation Ltd against Q & oil and gas service ltd 2016 LWLR supreme court judgment.
Responding on point of law, Barr Pius Okubo argued that the section 115 of the evidence act cited didn’t justify the use of Ezekiel K.Ojo, saying the respondent is inexcusable fact of violation of section 4 of the evidence act which imposes obligation to display the name of his informant to bad light
He advance teasons reasons of inviting him for just an interview as 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 court process .
Having listened to their arguments, the preciding Judge, Justice Musa Ashom adjourns to 29th September,2020 for the ruling on the application.
Nasarawa Reporters 