Reprieve came the way of the embattled Chairman of the presidential Pension Reform Task Team, Abdulrasheed Maina, as a Federal High Court in Abuja on Monday set aside the warrant for his arrest issued by the police.
The warrant of arrest was at the instance of the Senate. Having set aside the warrant, the court also issued a perpetual injunction restraining the Senate from ordering Maina’s arrest.
In his ruling, Justice Adamu Bello agreed that the Senate had power to summon anyone but contended that such power was not absolute.
The judge, however, advised Maina to honour the summon by the Senate.
The PRTT chairman had approached the court for an order setting aside the warrant of arrest issued at the instance of the Senate by the
Inspector General of Police, Muhammed Abubakar, against him on February 2, 2013 following a resolution by the Senate.
Also, he prayed the court to quash the purported report of the Senate Committee that led to the issuance of the bench warrant.
He said the action violated his fundamental rights as guaranteed under Section 35(1) of the 1999 Constitution. He asked for N100 billion as exemplary damages and N500,000 as general damages.
Justice Bello contended that the power of the Senate to summon individuals should not infringe on their fundamental human rights as entrenched in the constitution.
He also noted that the Senate did not follow laid down procedures in the discharge of its oversight functions.
The judge said the Senate should have first published in its journal or the official gazette of the federation the notice inviting Maina.
He said: “From the reliefs sought by the applicant, the application is challenging the powers of the Senate to issue a warrant of arrest.
“A careful perusal of Section 35(1) shows clearly that the right of liberty guaranteed the applicant by the Constitution is absolute.
“Going by this, the applicant is entitled to a fair hearing.
“The issue now is to determine whether the applicant’s case falls on the exceptional clauses.
“Section 88(2) of the 1999 Constitution gives the National Assembly the power to invite or summon an individual for questioning in order to expose corruption, inefficiency, among others.
“However, the power of the Senate is subjected to the provision of Section 88 of the 1999 Constitution, which highlighted the conditions to follow before an individual will be summoned.
“This power of the Senate should be free from abuse and the terms of reference should be clear.
“Any invitation by the Senate outside the purpose highlighted in Section 88(2) is illegal and unconstitutional.
“The Senate ought not to have invited the applicant in the first place.
“A proper investigative committee must have been constituted in accordance with constitution.
“The power to call for investigation by the Senate under Section 88(2) is predicated on a published resolution.
“The respondents have failed to produce or annex vital documents to their counter affidavit.
“They only exhibited the warrant of arrest signed by the Senate President.
“The implication of not producing such vital documents means there is no evidence before me to show that investigation is going on the subject matter.
“The warrant of arrest was not validly issued.
“It is therefore set aside.
“Relief one is hereby granted.
“The respondents are perpetually restrained from arresting the applicant on account of the warrant arrest being set aside.
“I will only advice the applicant to submit himself to the Senate.”
Justice Bello also cited the Supreme Court judgment of Tony Momoh V Senate of the Republic and held that the conditions precedent for inviting him by stating why he (Maina) was being invited.
Maina’s lawyer. M. Mahmoud, SAN, expressed delight that the judge granted his client’s prayers, insisting that Maina did not flee the country but went underground because of threat to his life.
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