Femi Falana, SAN, yesterday, urged Senator Dino Melaye, representing Kogi West Senatorial district to submit himself for arrest without any further delay.
However, he also warned the police to conduct Malaye’s arrest, investigation and prosecution in accordance with the law.
In a statement Falana flayed the Police for the sensationalization of the planned arrest of the Senator.
His words: “The
fundamental right of every citizen to personal liberty is guaranteed by
section 35 of the Constitution of Nigeria and article 6 of the African
Charter on Human and Peoples Rights. The right may however be violated
by the State if there is reasonable suspicion that any citizen has
committed a criminal offence. The Nigeria Police Force recently
announced its plan to arrest Senator Dino on the allegation that he has
committed the offences of criminal conspiracy and attempted culpable
homicide. The Senator did not respond to the invitation of the Police on
the grounds that the permission of the Senate President, Dr. Bukola
Saraki was not sought and obtained.
“Convinced that the
Senator has decided not to submit himself for investigation, a team of
police personnel have surrounded his residence with a view to effecting
his arrest. The siege to the house by the Police has needlessly lasted
for 6 days. It has been reported that the supply of electricity and
water to the house has been disconnected by the Police. Such action
cannot be justified in law. There is no doubt that the Nigeria Police
Force has itself to blame for the sensational planned arrest of the
Senator.
”The
Police ought to have affected the arrest of the Senator under the
relevant provisions of the Administration of Criminal Justice Act 2015
which empower the Police and other law enforcement to break into any
house to arrest if there is evidence that any criminal suspect against
whom a warrant of arrest has been issued by any court has absconded or
is concealing himself or herself so that the warrant cannot be
executed.”
