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 by the police over their roles in the October 5, 2018, protest march in Abuja by the Peoples Democratic Party (PDP).
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 senators allegedly led a protest to the office of the Independent National Electoral Commission (INEC) in Abuja, demanding a free and fair election in 2019.
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 other things, the court’s declaration that the act of the police dispersing their procession, using tear gas was a violation of their rights, and sought an order awarding them N500m as “exemplary and pecuniary damages.”
In his judgment yesterday, Justice Okon Abang dismissed the suit for lack of merit. Abang upheld the preliminary objections filed by the police, and awarded N50,000 against the three applicants.
The judge held that a mere invitation by the police, who are empowered by Section 4 of the Police Act, to detect and investigate crimes, could never amount to harassment or intimidation.
Abang further 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 had 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.
“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,” the judge stated.