According to Vanguard, contrary to the claim by Malami that a court judgement gave Maina a clean-bill-of-health, the court merely quashed a warrant of arrest that was issued against the former pension boss by the Nigerian Senate.
The judgment delivered on March 27, 2013, by Justice Adamu Bello of the Abuja Division of the Federal High Court (now retired), only faulted the process that led to the issuance of the warrant of arrest against Maina.
Justice Bello had advised the ex-pension boss to surrender himself to the authorities investigating the alleged N2 billion fraud.
The court also noted there was no evidence that the investigation Senate commenced against Maina was “one validly commenced in accordance with the provisions of Section 88(1) of the 1999 constitution.”
The Justice Bello-led court held that Senate investigative committee failed to annex vital documents to show that the ex-pension boss was accorded fair treatment before the warrant of arrest was issued against him.
Exerpts from the judgment read, “The implication of the failure to produce and annex these vital documents to the counter affidavit of the 1st, 2nd, 3rd, 4th, 5th, 8th and 9th respondents is that there is no evidence before me to show that the investigation commence by the said respondents is one validly commenced in accordance with the provisions of Section 88(1) of the 1999 constitution.
“If it has not been validly commenced in accordance with the Constitution, it follows that the summons or invitation to the Applicant (Maina) to appear before the Committee would not have been validly issued and ipso facto, the warrant of arrest was not validly issued.
“In the circumstances therefore, I am bound to set aside the warrant of arrest issued by the 2nd respondent which threatens the right of the applicant to his personal liberty.
“Consequently, the warrant of arrest issued by the 2nd respondent for the arrest of the applicant is set aside.
“I grant relief-1 contained in the statement. I also grant an order of perpetual injunction restraining the respondents jointly and/or severally by themselves and or their agent, privies, servants, however so called from arresting the applicant on account of the warrant of arrest which has been set aside.
“However, beyond these two reliefs, given all the facts available to the court, the applicant is not entitled to any other relief.
“My decision is based purely on the failure of the respondents to annex the vital documents I mentioned, otherwise, the applicant would not have any case at all.
“The decision should not therefore send a wrong signal to the public that the senate does not have the power to cause an investigation within the purview of the powers conferred on it by Sections 88 and 89 of the Constitution with respect to the matters enumerated therein.
“It has such powers and when properly exercised, it can summon any person in Nigeria to give evidence and can also compel the attendance of any such person.
“Let me end the judgment by advising the applicant to submit himself voluntarily to the investigation by the senate in order to show that he respects constituted authority.
“It is the least expected of him as a public officers and as a citizen of Nigeria”, Justice Bello held.
However, in a letter with Ref. No. HAGF/FCSC/2017/Vol. 1/3, Malami had directed the Federal Civil Service Commission to give consequential effect to a judgment he said voided the process that led to Maina’s dismissal from service.
On the strength of the letter, the FCSC, at the end of a meeting it held on June 14, 2017, requested the Office of the Head of the Civil Service of the Federation, OHCSF, vide a letter marked FC.4029/82/Vol. III/160, and dated June 21, to advise the Permanent Secretary of the Ministry of Interior to consider the AGF’s letter and make appropriate recommendations regarding Maina’s case.
In line with the directive, the Ministry of Interior, at its Senior Staff Committee meeting held on June 22, placed reliance on the AGF’s letter and recommended that Maina be reinstated into the Service as Deputy Director on Salary Grade Level 16.
Consequently, the FCSC, on August 16, approved the reinstatement of Maina with effect from February 21, 2013 (being the date he was earlier dismissed from Service
Latest Nigeria News
- Fayose planning to cause disharmony in APC – Fayemi
- Erastus Akingbola to face corruption charges
- President Buhari has listening ears- Bisi Akande
- PDP lacks integrity, says el-Rufai
- Buhari congratulates Falana on 60th birthday
- Replicate seamless political transition in Lagos nationwide, Ekwunife tells APC
- Herdsmen killings: Military commence Operation ‘Whirl Stroke’ in Benue
- How factions loyal to Saraki, Buhari, Dogara split APC state congresses
- Beautiful Lady Celebrates After Graduating As A Private Pilot
- Policemen Disgrace Civil Defence Officer, Bundle Him Into Van
- Nigerian Man Graduates In Style, Gets Full Time Offer From Microsoft, Amazon In US
- WHAT IS SALVATION? (Why It's So Important)
- Prince Harry and Meghan Markle wed in style
- More Confusion In APC As Party's State Congresses Get Ugly
- I wasn’t an absentee student at UNILAG – Odunlade Adekola
- Coalition, NewPDP insist PDP must change name to join alliance
- Top Four Affordable Phones Anyone Can Buy
- Oyegun, House Speaker Shun APC Congress In Edo State
- Air Force launches rocket attacks against Boko Haram, kills many
- Saraki, Dogara, Kwankwaso, Others Get Secret Deal From PDP?
- PRAYER FOR TODAY
- 21 Ex-governors, deputies still earning double salaries as Senators, Ministers
- Kaduna LG Poll: APC Wins 14; PDP 4 chairs
- Police parades three fake currency dealer suspects
- Ogun Assembly passes resolution to establish dump sites across LGAs
- There ‘ll be religious war in Nigeria if.. – CAN
- We ‘ll continue to resist anti-grazing law – Herdsmen
- How To Help Build Your Marriage Even If Your Spouse Is Difficult
- Woman in custody fight carries 7-yr-old son, jumps from top of 25-story building
- Dogs named Harry, Maeghan have own royal wedding too
- Yahoo Boys’ New Tactics of Evading Arrest
- Woman lures boy to abduct little girl during church service
- Falana, Others React to Saraki's Face Off with Police Headquarters over "Killer Squad"
- Court strips indebted Sen. Oduah of all assets, funds in 14 businesses across Lagos, Abuja
- Self-Defence Call: What CSOs, NHRC, military officers, others write in panel report on Danjuma allegation
- Nigeria appointed chair of Anti-Corruption Agencies in Commonwealth Africa
- Imo: Okorocha reveals why Oyegun takes side with ememies to rock APC
- Murder Suspects In Police Headquarters Have Implicated Saraki?
- TRAGEDY! Plane carrying 105 passengers crashes after take off
- Is Billionaire Otedola Running For Governor In Lagos?