The Nigerian Police has been ordered to show cause why the senator representing Kogi West, Dino Melaye, has remained in detention and not granted bail.
The order was handed to the police by an Abuja High Court sitting in Maitama and presided over by Justice Yusuf Halilu on Thursday.
Melaye, who had been in police custody since January 4, had through his counsel, Chief Mike Ozekhome (SAN), approached the court for enforcement of his fundamental right.
According to Ozekhome, the senator’s continued stay in police custody has been against what the law stipulated.
He argued, “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.
“If you keep a man for 13 days you have already presumed him guilty.”
In his response, counsel to the respondent, Simon Lough, told the court that he only got the motion on notice on January 16, and needed five days according to law to reply.
He further said that he was not aware of the order to show cause.
He said though Melaye was in the police custody, that he as the counsel lacked power to effect his investigation which was ongoing in preparatory to charging him to court.
He then asked the court for an adjournment to enable him file and serve his reply before January 18.
The judge however noted that the police was put on notice to come and show cause why the detained senator should not be granted bail.
He said, “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.
“I granted an order on January 14, that the police should come and show cause.”
The judge ordered the respondent to serve the applicant all the processes today and thereafter adjourned hearing till January 18, to enable the respondent file his reply on the applicant.
The two parties in the matter agreed to the application for adjournment prayed by the respondent.
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