From Yakubu Busari, Jos
Ex D/gov of Central Bank of Nigeria, Obadiah Malafiya
A Plateau State High Court sitting in Jos, Division under Justice Musa Ashom has adjourned to September 29, 2020 for ruling on applications by Counsels to former Governor of Central Bank of Nigeria, Mr Obadiah Mailafiya seeking a restraining order against the DIG, Criminal Investigations and the Nigeria Police,the Department of state security ,DSS over constant harassment and invitation for questioning since that his fateful interview with a radio in Lagos on national insecurity .
Counsel to the Plaintiff, Barr Pius Okubo ,SAN, told the Court that the ceaseless invitations of his client by the Nigeria Police Force and the DSS is a threat to his fundamental right .
Okubo said the motion dated 8th September, 2020 and filed on 9th September, 2020 seeking for the three pleadings in paragraphs 1-10 of the affidavit in support of 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 August 9, 2020 interview, which is on the brutal killings in North-Central Nigeria and the other parts of the country .
According to him, instead of embarking on thorough investigation into the statement raised by his client on issues touching on security of lives and properties of vulnerable Nigerian, the security agencies have resorted to constantly harassing him over a matter.
He submitted that matters involving internal security is within the purview of the DSS and drew the attention of the court to Section 2 of National Act subsection 3a,3b Cap N74 law 2004 of the Nigeria weekly law report .
Harping on the matter before the court, Barr Yakubu Bawa, Esq in an interview with journalists said that their client Dr Mailafiya has been subjected constant invitations.
“We argued it by saying that as a citizen of Nigeria he is disposed to be invited for interrogation within the ambit of law but that law does not allow security personnel to invite him again and again,’ said Bawa who is also the Chairman of Nigeria Bar Association ,NBA , Plateau state.
However, Barr Lukman Fagbemi, Counsel to the 1st , 2nd and 3rd defendants, namely, the police, DSS and the CID explained that the applicant came to court with an issue touching on internal security of the country .
He stated that the Nigeria Police are on the right path by inviting the former Deputy Governor of the Central Bank of Nigeria for questioning, adding that granting him the application would encourage Nigerians who commit such an offense to run to seek refuge under the ambit of law.
Fagbemi maintained apart from what the DSS had done there was nothing stopping the police from embarking on thorough investigation into the issue of interview Malafiya granted a radio station in Lagos state.
He said: “The Nigeria Police have the power under section 4 of the Police Act to carry out investigation within and outside the country.
After hearing form the Counsels, Justice Ashom adjourned ruling to September 9, 2020.
