Boko Haram:  Lawyer explains why Mailafia shun police invitation

The lawyer of the embattled former Deputy Governor of the Central Bank of Nigeria (CBN), Dr. Obadiah Mailafia, on Monday faulted the invitation of the Nigeria Police of his principal and hence his refusal to honour the invitation by the police authorities in Abuja.

Mailafia’s lawyer, Yakubu Bawa said the police invitation saying “the service of the letter of invitation on Dr Mailafia by the Nigeria Police Force through the office of the Deputy Inspector General of Police Force Criminal Investigation Department strange and alien to our extant laws and procedure.”

The police had last week invited Mailafia to appear at the Force Headquarters in Abuja on Monday, August 24, 2020 for “criminal investigation”.

The former CBN deputy governor had earlier been invited, grilled and released twice by the Department of State Services (DSS) over some comments he made during a radio programme, alleging that a serving northern governor was a Boko Haram Commander.

Speaking further on Monday, Bawa said, “It is critically imperative to state that the case the Nigeria Police Force is an investigation where the name of Dr Obadiah Mailafia purportedly featured prominently cannot be unconnected and unrelated with the case the DSS is investigating against him which borders on internal security

“It is sacrosanct to note also that the DSS is the only statutory body empowered by law to investigate alleged crime against internal security, not the Nigeria Police Force.

“Section 3 (a) of the Security Agency Act eloquently stipulates this position and in consonance with the said provision, the DSS had assumed investigation into the matter.

“For the purpose of clarity and emphasis, the DSS is still investigating Dr Obadiah Mailafia in respect of the said matter.

“As a legal defence to Dr Obadiah Mailafia, we have carefully and meticulously analysed the letter of invitation served on him as well as the intention of the Nigeria Police Force as clearly stated in the said letter of invitation and upon which we immediately approached the High Court of Justice Plateau State and filed an action for the enforcement of his fundamental rights to personal liberty and fair hearing as enshrined in our constitution.

“We have served the Inspector General of Police, Deputy Inspector General of Police Force Criminal Investigation Department and the signatory of the said letter of invitation, one DCP Omar Mamman Sanda, by sure substituted means through the Commissioner of Police Plateau State Command having obtained a court order to do so.

“We are praying the court to make a judicial pronouncement on the letter of invitation served on Dr Obadiah Mailafia. We are equally subjecting the invitation made by the office of the DIG Force Criminal Investigation Abuja to Mailafia to appear for an interview on Monday under judicial scrutiny.

“We strongly believe that it is significant to hear the decision of the court on these germane issues, and it is necessary also for the office of the DIG Force CID to wait for the judicial verdict in order to know whether it is appropriate and in tandem with our extant laws for the Nigeria Police Force to invite Dr Mailafia in the midst of an ongoing investigation by the DSS on a matter that is related to internal security.

“We are calling on the Inspector General of Police to allow justice and the rule of law prevail in this matter especially now that Dr Mailafia has filed an action in court in line with the tenets of the constitutional democracy, judicial system, principles of human rights and the doctrine of the rule of law. The Nigeria Police Force is required by law to hold on and refrain from inviting and requesting him to appear at DIG office Force CID Headquarters Abuja.”