Mailafia had approached the court for the enforcement of his fundamental right following his invitation by the police for criminal investigation presumably, on a matter he was already being investigated upon by the DSS.
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When the matter came up yesterday, counsel for the applicant, Pius Akubo SAN said the application was brought pursuant to Section 206 of the fundamental human rights.
Counsel questioned the business of the respondents in a matter being handled by the DSS if there was no ulterior motive?
He said it was ”evidently clear that the invitation by the respondents was not clear.”
He added:”They did not state anywhere that he committed any offence. They are taking refuge in section 4 of the police Act to perpetrate their infamous Act because no criminal allegation has been raised against the applicant,” he said.
In his submission, Lukeman Fagbemi, counsel to the respondent, stated that he filed a counter affidavit on behalf of the respondents urging the court to dismiss the applicant’s motion on notice.
Fagbemi said there was no law which supports a particular person to dispose to an affidavit citing section 115 subsection 3&4 of the evidence Act 2011.
He said that except the applicant placed something before the court, it would amount to mere speculation adding that section 4 of the Police Act stimulated how the police could conduct its investigation both within and outside the country.
He urged the court to dismiss the application as the court could not stop the police from investigation.
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