A Plateau State High Court sitting in Jos has adjourned until September 29 for ruling, an application for the enforcement of fundamental right of Dr Obadiah Mailafia against the Inspector-General of Police (IGP) and 2 others.
Mailafia had approached the court seeking for the enforcement of his fundamental right after he was invited by the police to appear before it in August this year for criminal investigation on a matter he is being investigated by the DSS.
At the hearing, counsel to the applicant, Pius Akubo (SAN), told the court that the application was brought pursuant to section 206 of the fundamental human right dated and filed September 1, 2020.
Akubo argued that the applicant had already been invited by the DSS in relation to his interview on August 9, 2020 to a local radio station relating to happenings in the North Central part of the country.
He further submitted that matters concerning internal security were within the purview and jurisdiction of the DSS and further drew the attention of the court to section 2 subsection 3 of National Security Agency’s Act Cap 74 laws of the federation 2004.
Questioning the business of the respondents (police) in a matter being handled by the DSS, Akubo called the attention of the court to two exhibits titeld om2 and om3, stating that in both, it was evidently clear that the invitation by the respondents were not clear.
“They did not state anywhere that he committed any offence. They are taking refuge in section 4 of the police Act to perpetrate their infamous Act because no criminal allegation has been raised against the applicant,” he said.
In his submission, Lukeman Fagbemi, counsel to the respondent, stated that he filed a counter affidavit on behalf of the respondents urging the court to dismiss the applicant’s motion on notice.
Fagbemi said there was no law which supports a particular person to dispose to an affidavit citing section 115 subsection 3&4 of the evidence Act 2011.
He said that except the applicant placed something before the court, it would amount to mere speculation adding that section 4 of the Police Act stimulated how the police could conduct its investigation both within and outside the country.
He thereby urged the court to dismiss the application as the court could not stop the police from investigation.
The judge, Justice Arum Ashoms, adjourned the mater until September 29, for ruling on application for the enforcement of fundamental right.(NAN)
