BY Ebunoluwa Olafusi
An Abuja high court on Thursday ordered the police to show cause for its continued detention of Dino Melaye, senator representing Kogi west.
Melaye, who has been in police custody since January 4, approached the court, through his lawyer, for enforcement of his fundamental right.
According to NAN, Yusuf Halilu, presiding judge, gave the order after Mike Ozekhome, Melaye’s counsel, informed the court that his client had been in police custody since January 4, against what the law stipulated.
“We are talking about the liberty of a citizen not because he is a senator of the federal republic of Nigeria, but a citizen, this is contrary to sections 35 and 36 of the constitution of Nigeria,” Ozekhome said.
“If you keep a man for 13 days you have already presumed him guilty.”
Simon Lough, the respondent counsel, told the court that he only got the motion on notice on January 16, and needed five days, according to the law, to reply.
Lough said he was unaware of the order to show cause.
He added that though Melaye was in custody, he does not have the power to effect his investigation which was ongoing, preparatory to charging him to court.
He, therefore, prayed the court for an adjournment to enable him file and serve his reply before January 18.
The judge said the police was put on notice to come and show cause why the detained senator should not be granted bail.
“The court was approached by the police for his custody and the court granted it, and now the court ordered that the police should come and explain why he would not be released,” the judge said.
“I granted an order on January 14 that the police should come and show cause.”
Thereafter, the case was adjourned till January 18, to enable the respondent file his reply on the applicant.
Melaye had surrendered to the police following a siege to his Abuja residence which lasted for eight days.
The police had accused the senator of culpable homicide, an allegation he denied.
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