Justice Adamu Bello of a Federal High Court sitting in Abuja on Friday refused the request made by the Chairman, Pension Reform Task Team, Abdulrasheed Maina seeking to stop the police from arresting, interrogating and interfering in his duties.
Maina had through his counsel, M.A Magaji (SAN), brought an ex parte application wherein he joined the Senate, Federal Republic of Nigeria, Senate President, Federal Republic of Nigeria, Clerk of the Senate, Federal Republic of Nigeria, Senate Committee On Establishment and Public Service, Senate Committee State and Local Government Administration, Inspector General of Police, Senator Aloysius Etuk (The Senate Committee on Establishment and Public Service) and Senator Kabiru Gaya (The Senate Committee State and Local Government Administration) as first to eighth respondents.
Magaji brought the application pursuant to the Fundamental Human Rights Enforcement Rule 2009 and Section 46(3) and 6(6) of the 1999 Constitution as amended.
He specifically prayed for an order directing all parties in the suit to maintain status quo pending the hearing and determination of the motion on notice.
Delivering a short ruling, Justice Bello ,who frowned on the attitude of the counsel who he said conducted a pre-trial conference on Thursday by granting an interview to the Nigerian Television Authority which was aired at 9.00 p.m. the same day, described it as unethical.
The court held that by the interview granted, the counsel had leaked the hearing of the motion ex parte thereby depriving the court of its discretion in the matter.
The court on that note refused to grant the application.
Moreso, the court held that since the applicant has filed a motion on notice and served all the parties and a date fixed for mention,then, it was too late in the day to bring a motion ex parte.
He further held that if there was any urgency, the applicant should wait till Monday when all parties will be before it.
Meanwhile, President Jonathan has directed the Head of the Civil Service of the Federation, Alhaji Isa Sali, to commence immediate disciplinary action against Maina for leaving duty without leave.
This followed his receipt from the Inspector-General of Police. (IGP), Alhaji Mohammed Abubakar, of a status report on efforts by the Nigeria Police to execute the warrant issued by the Senate for the arrest of Maina.
According to the Special Adviser to the President on Media and Publicity, Dr. Reuben Abati, in a statement issued on Friday in Abuja, the directive is in line with Section 030402 of the Federal Government’s Public Service Rules which list absence from duty without leave as an act of serious misconduct punishable by dismissal.
The statement pointed out that the IGP stated in his report to President Jonathan that after receiving the Senate’s warrant for the arrest of Alhaji 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.
The Inspector-General said that the police had since mounted surveillance at Alhaji Maina’s home and office but had been unable to arrest him because he had reportedly gone into hiding and stayed away from both locations since the warrant was issued, leading to his publicly being declared wanted by the police.
The Presidency statement added that Alhaji Abubakar assured the president that “intensive search” operations were still ongoing for the arrest of Alhaji Maina and that the police would not relent until he was apprehended and produced before the Senate.
In his directive to the Head of Service, Jonathan noted that the Inspector-General’s report clearly indicated that Alhaji Maina had absconded from his official duties.
He therefore directed the Head of Service to act expeditiously on the disciplinary proceedings against Alhaji Maina and report back to him on actions taken
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