Current Issues: Saraki/IGP Saga: Police shouldn’t make investigation witch hunting

Over the years, the views of Kehinde Eleja SAN on legal issues have become one to be reckoned with in the society. In this interview with our Judiciary Correspondent, KAYODE ADEOTI, Eleja speaks on the failure of Inspector General of Police, Ibrahim Idris to answer the Senate’s call. The legal luminary also reacted to the release of Senator Dino Melaye from prison following the allegation of criminal charges against him. Excepts:

The Senate President, Dr. Bukola Saraki recently raised alarm during plenary that IGP is trying to implicate him in a criminal case… How do you see this?

Let me start by saying the National Assembly is a creation of 1999 Constitution. This constitution saddled them with responsibilities in which part of it is to perform oversight functions over agencies and their operators, including the Inspector General of Police. Going by this, I’m of the candid opinion that it’s within the right and powers of the Senate to invite IGP to make clarifications concerning the spate of killings and general state of insecurity in certain parts of the country. In any civilised settings, the expectations will be that he will be glad to go there so that his own side of the story will be heard. So much have been said in the media about the way and manner security challenges in this country are handled. We felt that it will be a veritable opportunity for him to let Nigerians know through the Senate what the situation is. For reason best known to him, he chose not to go. In a democratic society like ours, the development doesn’t augur well with our democracy, the action is something that ought to be frowned at. I expect the executive to wade into the matter and ensure the needful is done so that the legislative arm of government is not ridiculed. The Senators are the representatives of the people across the nation and in the wisdom of the constitution, it chose to make them the highest law making body in the country. Pertaining to the allegation made by the Senate President at the plenary, which I was privileged to watch, it portends great danger to our democracy if true, I know that issues like this led to collapse of the first republic, when strong charges were brought against them, some escaped on oath, others were vilified for no just cause… In the way I understand this matter, some suspects were nabbed in relation to some criminal acts in the state, if offences are committed within the state, the expectations is that police will do investigation and seek for appropriate legal advice from the directorate of the Public Prosecution of the state. Once the advice is rendered, everyone have to comply with it. Why the suspects were taken to Abuja is best known to the authority that did that. But I must sound a word of caution, though the police said it is conducting investigation into the matter, but it shouldn’t be turned into witch hurt exercise. Though nobody is above the law but the matter involved the number three person in the country, therefore, police needs to tread cautiously. Also, if security attached to the Senators have been withdrawn, the matter must be visited urgently.

Recently Senator Dino Melaye was remanded, last week, former Governor of Plateau State, Jonah Jiang was equally sent to prison, this is fast becoming a trend, what does it portends for our democracy?

Under the constitution we operate, no individual is above the law, every person is subjected to the laws of the land. Under our constitution, the only person who enjoys immunity is the President, Governor and their deputies. There is no law that provide immunity for the Senate President against prosecution. However, any other person who must have committed an offence will be arraigned in the court of law, and if such happens, depending on the nature of offence, such a person may be remanded. But if the offence is bailable, the court may admit the fellow to bail. And that’s what has happened in the case of former Governor of Plateau state. What raised a concern in the case of Senator Dino is the apparent condition of his health, he was arraigned on a stretcher, that shows he has health issue, that has expressed that his health should have been taken into consideration rather than remanding him. Fortunately, a higher court had waded into it and it is resolved now.