Abuja high court gives police until January 18 to explain why Dino Melaye is still being detained

SENATOR Dino Melaye could be released from custody soon after an Abuja high court gave the Nigerian Police Force (NPF) up until January 18 to show cause as to why they are still detaining the lawmaker representing Kogi West Senatorial District.

On January 4, Senator Melaye surrendered to the police after they laid siege to his Abuja mansion following his refusal to appear in court in a criminal case. Over the last year, Senator Melaye has been involved in at least four major brushes with the security forces and on one occasion jumped out of a police van taking him to Kogi State, while he also alleged that he was once kidnapped.

Police had wanted to question Senator Melaye regarding an incident on July 19, 2018, when armed thugs said to be employed by him shot and wounded one Sergeant Danjuma Saliu during a stop-and- search operation along the Aiyetoro-Gbede-Mopa Road in Kogi State. A warrant of arrest was obtained after Senator Melaye refused to honour a police invitation dated  July 23, 2018 signed by the Kogi State police commissioner inviting him to report on July 26 at 11am at the Kogi State Police Command Lokoja.

Following his arrest, however, Senator Melaye has filed a suit against the NPF, saying his arrest breached his fundamental rights. Yesterday, his lawyer Chief Mike Ozekhome, argued before Justice Yusuf Halilu that his client was being detained illegally.

Chief Ozekhome said: “We are talking about the liberty of a citizen not because he is a senator of the Federal Republic of Nigeria but a citizen. This is contrary to sections 35 and 36 of the Constitution of Nigeria because if you keep a man for 13 days, you have already presumed him guilty."

Prosecution counsel Simon Lough told the court that he only got the motion on notice on January 16 and needed five days according to law to reply. He added that he was not aware of the order to show cause, pointing out that although Senator Melaye was in the police custody, he as the counsel does not have the power to determine his investigation, which was ongoing, preparatory to charging him to court.

Mr Lough, therefore, prayed the court for an adjournment to enable him to file and serve his reply before January 18. Justice Halilu then explained that the police was put on notice to come and show cause why the detained senator should not be granted bail.

Justice Halilu ruled: “The court was approached by the police for his custody and the court granted it and now the court ordered that the police should come and explain why he would not be released. I granted an order on January 14 that the police should come and show cause."

He adjourned hearing till January 18, to enable the respondent file his reply on the applicant. Both parties agreed to the application for adjournment prayed by the respondent and the judge further ordered the respondent to serve the applicant all the processes.