Submit yourself to Police – Falana advises Melaye

Lawyer and activist, Femi Falana (SAN) has advised Senator Dino
Melaye, representing Kogi West, to submit himself for arrest by the
Police in order to end the drama and the unwarranted inconvenience
to which his family and neighbours have been subjected in the past
six days.

Falana who gave the advise in a statement issued in Lagos on
Thursday in reaction to the insistence of the Police to arrest
Senator Dino Melaye on the allegation that he has committed the
offences of criminal conspiracy and attempted culpable homicide,
urged legislator of the upper chamber, to do so without any further
delay.

He argued that “by politely requesting Senator Melaye to submit
himself for arrest, the Nigeria Police Force has accorded him the
special treatment that is normally reserved for Very Important
Personalities (VIP’s) in Nigeria by security agencies”.

He contended that but for Senator Melaye’s privileged position
in the country, the Police would have forcefully arrested him
without laying any siege to his house.

He regretted that the decision of the senator not to submit
himself for investigation, led to the situation where a team of
police personnel have surrounded his residence with a view to
effecting his arrest noting that the siege to the house by the
Police had needlessly lasted for six days while the supply of
electricity and water to the house has been disconnected by the
Police. Such action cannot be justified in law.

To buttress his advice to the senator to submit himself for
arrest, the senior lawyer cited a decided case relating to the
matter.

He said: “the Supreme Court has made it abundantly clear in the
case of Dr. Oladele Fajemirokun v Commercial Bank (Nig) Limited
(2009) 21 WRN 1 that no court has the power to restrain the Police
from arresting any citizen who is alleged to have committed a
criminal offence”.

Senator Melaye, Falana noted, has however refused respond to the
invitation of the Police on the grounds that the permission of the
Senate President, Dr. Bukola Saraki was not sought and
obtained.

Falana contended that the Nigeria Police Force is not required
to seek the consent or obtain the permission of the President of
the Senate or the Speaker of the House of Representatives before
arresting a member of the national assembly who is alleged to have
committed a criminal offence in any part of the country.

While admitting that the fundamental right of every citizen to
personal liberty is guaranteed by section 35 of the Constitution of
Nigeria and article 6 of the African Charter on Human and Peoples
Rights, he argued that such right may however be violated by the
State if there is reasonable suspicion that any citizen has
committed a criminal offence contrary to what he described as the
misleading statement credited to the leadership of the Senate on
the procedure for the arrest of legislators.

“Since legislators are not entitled to immunity under section
308 of the Constitution they are liable to be arrested,
investigated and prosecuted if they are linked with the commission
of any criminal offence. However. the arrest, investigation and
prosecution must be conducted in strict compliance with the
relevant provisions of the penal statutes and the Constitution”, he
stated.

Falana however blamed the Police for the sensationalizing the
planned arrest of the Senator Melaye.

“The Police ought to have effected the arrest of the Senator
under the relevant provisions of the Administration of Criminal
Justice Act 2015 which empower the Police and other law enforcement
to break into any house to arrest if there is evidence that any
criminal suspect against whom a warrant of arrest has been issued
by any court has absconded or is concealing himself or herself so
that the warrant cannot be executed.

“By sending over 60 armed police personnel to arrest a citizen
is exposing the federal government to ridicule”, he lamented.