Godwin Tsa, Abuja
A Federal High Court sitting in Abuja has ordered the Senate President, Dr. Bukola Saraki, senators Dino Melaye and Ben Murray-Bruce to immediately honour the invitation of the police over their alleged roles in the October 5, 2018 protest march in Abuja by the People’s Democratic Party.
The protest was a fall out of the 2018 governorship election in Osun State which was declared in favour of the All Progressives Congress (APC).
The three were said to have led a protest to the Independent National Electoral Commission’s office in Abuja, demanding free and fair elections in 2019.
Before the protest, the PDP had alleged that the security agencies, including the police, colluded with the APC to rig the earlier governorship election in Ekiti State and the one later held in Osun.
They were, however, dispersed by the police who used teargas as they marched to the Force Headquarters, Abuja.
In their fundamental rights enforcement suit, the senators prayed for an order nullifying the October 6 and 8, 2018 letters of invitation by the police.
In the suit which was filed on October 8, 2018, the senators claimed that the police invitation amounted to harassment, intimidation and an attempt by the police to detain them unlawfully.
They prayed for, among others in the suit, the court’s declaration that dispersing their procession and using tear gas were a violation of their various rights, and sought an order awarding them N500m as “exemplary and pecuniary damages.”
In his judgment, Justice Okon Abang dismissed the suit for lacking in merit.
Justice Abang, who upheld the preliminary objections filed by the police and awarded a cost of N50,000 against the three applicants.
The judge held that a mere invitation by the police, which are empowered by Section 4 of the Police Act to detect and investigate crimes, could never amount to harassment or intimidation.
In addition, Justice Abang held that the police, having alleged in their response to the suit that the PDP procession was dispersed following the protesters’ riotous and criminal conduct, the law enforcement agency has the power to invite suspects for questioning.
He ruled that the police invitation extended to them remained valid and subsisting, adding that it was the outcome of their honouring the invitation that would determine if their rights had been violated.
He said the court cannot restrain the police from carrying out their statutory function; and in this case, they have acted within the provision of Section 4 of the Police Act.
“They issued the letters dated October 6 and 8 inviting the applicants for questioning over their roles in the procession of the Peoples Democratic Party that held on October 5, 2018. The police acted in public and national interests.
“The letters of invitation dated October 6 and 8, 2018 remain valid and subsisting. The applicants shall respond and report to the police without fail.
“It is the outcome of the applicants’ honouring the invitation that would determine if their rights have been violated, certainly not before honouring the invitation.”