Court orders Saraki, Melaye, Murray-Bruce to honour police invitation

Andrew Orolua, Abuja

An Abuja Federal High Court on Thursday ordered Senate President, Bukola Saraki, Senators Dino Melaye and Ben Murray-Bruce to honour the police invitation over their roles in the October 5, 2018, protest over the outcome of the Osun state governorship election by the Peoples Democratic Party (PDP).

Delivering a ruling on the application filed by the three senators who had sought to stop the inspector general of police and the FCT commissioner of police from inviting them, Justice Okon Abang, held that mere invitation does not translate to the breach of fundamental human rights of the applicants.

In dismissing the application, Justice Abang said it lacked merit and ordered them to report to the police without fail.

According to the judge, the invitation of the police on October 18, 2018, remains valid and subsisting, directing the applicants to without fail report to the police.

“The application lacks merit, therefore, it failed. A cost of N50, 000 is awarded against the applicants,” Abang held.

In resolving the issues in favour of the police, the judge said it was the constitutional responsibility of the police to invite and interrogate any person, who is not covered by immunity over suspected breach of the law.

He said by rushing to the court over a mere invitation to file an application on breach of fundamental human rights was against the constitutional role of the police.

“The applicants did not wait for the infringement to occur before coming to court. They cannot by mere invitation say they are harassed, intimidated or denied their freedom of movement. The police were merely carrying out their constitutional duty.

“The police are constitutionally empowered to invite any person, who has no immunity for questioning.

They ought to report to the police on invitation, it is the outcome of the invitation that could be said to breach of fundamental human rights. The court cannot question the police on invitation, nor can the court restrain the police from their lawful role,” Abang said.

In sustaining the objection raised by the police against the application, he said the application was not supported by competent affidavit.

Aside this, the judge said the applicants ought to have deposed to an affidavit each and personally, and not by proxy as in the instant case.

“In this case the three senators filed one suit. They didn’t file separate application nor deposed to any affidavit, which is required in fundamental human rights case.

“This is in breach of Order 2, rule 4 of the fundamental rights enforcement procedure,” the judge held.

Saraki, Melaye and Murray-Bruce had dragged the police chief and the FCT commissioner of police to the court to stop the police from attempting to arrest them for staging a protest to the national headquarters of the Independent National Electoral Commission (INEC) and police headquarters in Abuja.

While the IG was listed as the first respondent in the matter, the FCT commissioner of police was listed as the second respondent.