FORMER deputy director, Central Bank of Nigeria (CBN), Dr Obadiah Mailafia, has taken the Nigeria Police before the Plateau State High Court, asking the court to restrain the police from inviting him to appear before the Deputy Inspector-General (DIG) Force Investigation Department, Police Headquarters, Abuja.
After two consecutive invitations and interrogation by the Department of State Services (DSS) over his comments on insecurity, Dr Mailafia was invited last week by the Office of the DIG of Police for criminal investigations on Monday.
Addressing newsmen on Monday, the legal team of Dr Mailafia, led by Yakubu Bawa, who said his client would not honor the invitation, stressed the fact that the case the Nigeria Police was investigating where the name of Mailafia purportedly featured prominently cannot be unconnected and unrelated to the case the DSS was instituting against him, which borders on insecurity.
“It is sacrosanct to note that the DSS is the only statutory body empowered by law to investigate alleged crime against internal security, not the Nigeria Police. Section 3(a) of the Security Agency Act eloquently stipulated this position. In consonance with the said provision, the DSS had commenced investigation into the matter. For the purpose of clarity and emphasis, the DSS is still investigating Dr Mailafia in respect of the said matter,” he said.
Bawa pointed out that the legal team had meticulously analysed the letter of invitation served on him as well as the intention of the Nigeria Police as clearly stated in the letter of invitation. According to him, it was upon this that the legal team approached the Plateau State High Court and filed an action for the enforcement of Dr Mailafia’s fundamental human rights to personal liberty and fair hearing as enshrined in the constitution.
He said the team at the same time is challenging the letter of invitation served on him by the office of the DIG, adding that latter had been served by substituted means through the commissioner of police, Plateau State command, having obtained a court order to do so.
Bawa, therefore, called on the Inspector-General of Police (IGP) to allow justice and the rule of law prevail in the matter since Mailafia had filed an action in court in line with the tenets of the Nigerian constitution, democracy, judicial system, principles of human rights and the doctrine of the rule of law.
He added that the Nigeria Police is required by law to hold on and refrain from inviting and requesting him to appear at DIG office Force CID headquarters, Abuja. He enjoined the Nigeria Police to desist from taking any action that is unlawful, unconstitutional, illegal, prejudicial and inimical to the person and the constitutional rights of Dr Mailafia until Plateau State High Court makes judicial pronouncement on the matter.
“The case is now fixed for hearing on September 11,” he said.
