Skip to main content

WHY NIGERIA POLICE CAN’T ARREST SENATOR MISAU – LAWYER

An Abuja-based Public Interest lawyer and Convener, Office of the Citizen of the Federal Republic of Nigeria, Pelumi Olajengbesi has faulted the Nigerian Police over reports alleging that it is set to arrest a senator, Isa Hamma Misau who it accused of deserting the force in 2010.

"A cursory perusal of the provisions of the Police Act and the1999 Constitution of the Federal Republic of Nigeria(as amended) provides thus respectively. Section 398 of the Nigerian Police Regulations pursuant to Section 46 of the Police Act. Desertion (1) Any junior officer who is absent without leave for 21 or more consecutive days shall be deemed to be guilty of the offence of desertion and shall be dismissed from the Force as a deserter. (2) The deserter's name shall be struck off the Force nominal roll as from the first day of such desertion. (3) A deserter who returns and applies for reinstatement in the Force may be re-instated if the Inspector-General considers his explanation for his absence satisfactory", he said while reacting to the issue Tuesday in Abuja.

According to him; "A crystalization of the above provision provides two facts: The offence of desertion applies only to non-commissioned officers defined in Regulation 273(3) to be officers under the rank of Cadet Inspector; and, the only punishment is dismissal without honour".

He described the decision of the police as an after-thought, saying; "Assuming without conceding that Senator Misau is a deserting officer of the Police Force, the same Police organisation has at all times till now provided him with the requisite security attachee all through his campaigns till his service in the hallowed chamber of the Senate. It is either the Police Force has an acute case of 'selective investigative amnesia' or it deliberately choose to ignore this allegation till now.

"This same Police Force has before now on numerous occasions appeared before the Senator in his capacity as member of the Police Committee for various legislative oversight including the budget defence for the Police Force, submitting to his authority without raising or identifying any irregularity as to his membership of the Senate and the committee.

"It is a trite and unequivocal principle in our jurisprudence that a person can only be disqualified by reason of the constitutional qualifications thereto and nothing more. Hence, desertion cannot disqualify Senator Misau from being a Senator of the Federal Republic assuming without conceding that he deserted the Nigeria Police Force, rather he will forfeit his rights in that respect.

"In furtherance of the same position with respect to his alleged non-resignation as provided for under section 66(f) of CFRN, but the immediate penalty and days count in the Police regulation has made that an unnecessary addendum", he submitted.

Comments

Post a Comment

Popular posts from this blog

ABIA GOVT TAKE MADE IN ABA TO USA

As part of Governor Okezie Ikpeazu's campaign for promoting Made-in-Aba products, Abia State government and Abia State National Association, U.S.A. and North America, ASNA-NA,showcased the potentials and quality of Aba products to the international community during the association's national convention in New York City, USA. The event saw many designers, such as Chumar, and thousands of products shipped in from Aba on display, with models on the runway, adorning Aba-made designs. According to the Special Assistant to the Abia State Governor on Diaspora Matters, Mr. John Ndubuisi, all the outfits on display were sold out and orders placed, noting that Made-in-Aba designs will soon be competing in the American market. He added that with the clamour for restructuring, Abia State Government is working to grow the local economy, provide employment, empower skilled artisans and boost internally-generated revenue, stressing that Aba, dubbed The Japan of Africa for its entrepreneurial ...
Post a Comment
Read more

Insurgency: UN, FG launch $1bn 2021 Humanitarian Plan for North East

  The United Nations and the Federal Government along with development partners have launched the 2021 Humanitarian Response Plan for the insurgency-ravaged northeastern part of Nigeria.  The Humanitarian Response Plan represents a collective vision for humanitarian action in 2021, and requests US$1 billion to enable partners provide critical services to the 6.4 million most vulnerable people – from a pool of 8.7 million people in need of some form of humanitarian assistance in 2021 in Borno, Yobe and Adamawa states. According to the UN, a combination of escalating conflict, displacement, and disruption to and loss of livelihoods due to COVID-19 restrictions, could lead to hunger for millions of Nigerians living in the north-east.  The plan, therefore, is based on assessed needs and the realistic capacity of the United Nations and non-governmental organization partners to implement required actions.  Speaking at the event, Minister of Humanitarian Affairs, Disaster M...
Post a Comment
Read more

DJ CUPPY REVEALS TWO MEN SHE HAS EVER LOVED IN HER LIFE

Nigerian disc jockey, Florence Otedola, popularly known as DJ Cuppy has taken to social media to reveal that she’s only ever loved two men in her 27 years of existence.
Post a Comment
Read more