The Chairman of the Pension Reform Task Team, Dr. Abdulrasheed A. Maina, has dragged the Senate and the Nigeria Police Force to court.
This followed the bench warrant issued on him by the Senate through the Senate Pension Probe Committee and his subsequent declaration as wanted by the police.
Maina on February 4, 2013 instituted the suit at the Federal High Court sitting in Abuja.
He said the moves by the Senate and the police amounted to a breach of his fundamental rights pursuant to Section 46(3) of the Constitution of the Federal Republic of Nigeria.
The suit, number FHC/ABJ/CS/65/20B, was instituted by his counsel, Mahmud A. Magaji (SAN).
It seeks an order to quash the purported report of the Senate Committee’s resolutions and the subsequent move by the police as unconstitutional.
He is also demanding a damage of N1.5 billion.
The case, which has been listed for hearing on February 11, 2013, has as defendants: • The Senate, Federal Republic of Nigeria
• The Senate President Federal Republic of Nigeria
• The Clerk of the Senate Federal Republic of Nigeria,
• The Senate Committee On Establishment & Public Service
• The Senate Committee State & Local Govt Administration
• Inspector General of Police
• Senator Aloysius Etuk (The Senate Committee on Establishment & Public Service).
• Senator Kabiru Gaya (The Senate Committee State & Local Govt Administration).
Mahmud (SAN) will appear in the court for the adoption on behalf of applicant the following orders:
• An Order setting aside the warrant of arrest 6th respondent against the applicant on the 2nd of February, 2013 as same constitute a violation of the Applicant Rights as guaranteed under section 35(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
• A DECLARATION that the Decision of the Senate through its Joint Committee on Establishment & Public Service; and the Committee on State & Local Govt administration directing the immediate arrest and detention of the applicant by the 5th Respondent without any legal justification is unconstitutional illegal ultra vires null and void and of effect what so ever as same violates section 36(1) and section 6 (6) B of the Federal Republic of Nigeria 1999 (as amended).
• AN ORDER restraining the respondents especially the 3rd , 4th and 5th respondents, their agents, Servants and Privies howsoever called, and either jointly and / or severally from interfering with management and administration of Pension Reform Task Team or initiating the arrest of the applicant as Chairman, Pension Reform Task Team as same is unconstitutional , illegal null and void as same violate the provisions of section 36 (1) and 6 (6) B of the Constitution of the Federal Republic of Nigeria.
• AN ORDER restraining the 3rd & 4th Respondents jointly and severally from further issuance of any letter of invitation to the applicant as respondents having completed and submitted their report without giving fair hearing to the applicant is a violation of the applicant’s right as guaranteed under the Constitution. The 3rd & 4th Respondent are hereby are hereby put on notice to produce the said report before this honourable court to ascertain whether the applicant was actually giving fair hearing before the said report was made.
• AN ORDER quashing the purported report of the 3rd and 4th Respondents (Senate Committee on Establishment and Public Service; and Senate Committee on State and Local Government Administration) as its affect the applicant his court
• AN ORDER OF CERTIORARI mandating the respondent either by themselves, their agents, servants, privies however called to before this Court any wrong alleged to have been committed by the applicant in the exercise of his duties as Chairman of the Pension Reform Task Team and / or setting aside the resolution of the 1st Respondent mandating the 5th Respondent to arrest the applicant.
• A DECLARATION that the threat and intimidation and attempts to arrest the applicant by the Respondent on the basis of the applicant exercise of his lawful and legitimate duties as Chairman, Pension Reform Task Team is unconstitutional, illegal, null and void and of no effect whatsoever.
• AN ORDER of injunction, restraining the Respondents their agents, servants and privies however so called , either jointly and / or severally from arresting or threatening to arrest the applicant who is exercising his lawful duties a Chairman, Pension Reform Task Team.
• AN ORDER of this Honourable Court setting aside or quashing the purported warrant of arrest issued by the Respondents jointly and or severally by themselves or their agents , privies, servants however so called for the arrest of the applicant in the exercise of his duties as Chairman, pension Reform task Team.
• AN ORDER of perpetual injunction restraining the Respondents jointly and / or severally by themselves and or their agent, privies servant, however so called from further unlawful harassment, intimidation and attempt to arrest the applicant the Chairman Pension Reform Task Team and quashing the resolution of the 1st Respondent mandating the 5th Respondent mandating the Respondent to arrest the Applicant.
• AN ORDER directing the respondents to pay the Applicant 1,000,000,000:00 (One Billion Naira ) on the footing of the aggravated and exemplary damages for unlawful interference with applicants right to perform his lawful duties and sum of N500,000,000:00 (Five Hundred Million Naira) as general and exemplary damages.
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