From Yakubu Busari,Jos
A High Court of Justice in Plateau State on Tuesday dismissed application sought by Dr Obadiah Mailafia seeking to restrain the Nigeria Police Force from further investigation on an interview he granted a private radio station in Lagos, Nigeria.Justice Arum Ashom in his ruling on a motion on notice brought before him by the embattled former Deputy Governor of Central Bank of Nigeria ,CBN, Mailafia challenging the security agencies on fundamental human right .
The Jurist while delivery his ruling motion on notice said the police and the DSS have overlapping functions to complement each other so the invitation extended to Dr Obadiah Mailafia was not out place and neither was it an infringement on his right as a person.
He said application on motion on notice rule 7 procedure of the court 1999 amended in paragraph 6,7,9& 15, which border on peoples right and the right of plaintiff seeking relief before this court that the DSS is the only statutory security outfit to thoroughly investigate act of internal security, is not true.
He said; “You would recall that the office of deputy Inspector General of Police , Force Head quarters had sent a letter of invitation to Dr Obadiah Mailafia through the Director General, NIPPS , for another investigation on the same matter bordering on killing of innocent Nigerian and infringement on their fundamental right “.
The ex-deputy governor of CBN approached the court seeking an interim injunction to restrain the Nigeria Police from further embarking on investigation while the DSS are also doing the same job as double jeopardy which was contain in paragraph 26 of affidavit disposed by his counsel ,Barr Yakubu Bawa .
According to ruling ,the former Banker granted interview to a Lagos base radio station which was aired, dated and the information went viral both local and international, prompting the security agencies to invite him for further questioning .
He disclosed that the DSS 1st invitation affidavit and served by Ezekiel Ojo correspondent by Fagbemi Esq ,were Pius Okubo SAN argued and adopted the plaintiff .
Speaking to the plaintiff counsel ,Barr Yakubu Bawa on the ruling ,he said though the court had thrown out the application sought by Dr Obadiah Mailafia to stop the police and others security agencies to infringe his right .
He explained as the plaintiff counsel ,they’re going study the judgment and seek whether his client can file for an appeal .
He said: “ Unfortunately for us the application was rejected. We will look at it and take necessary steps forward.
The counsel to the 1st ,Second and 3rd defendants ,Barr Michael Oladipo who stood in for Barr Fagbemi Esq commended the court ruling that this is a landslide ruling.
“The court was clear that the police have the right to investigate the matter bordering on security in the country,” said Oladipo
