Lawyer insists police can’t summon, arrest Senator Misau
A legal practitioner, Mr. Pelumi Olajengbesi, has faulted ongoing efforts by the Police High Command to arrest the representative of Bauchi Central in the National Assembly, Senator Isah Hamma Misau, for alleged desertion.
In a statement in Abuja, the lawyer described the summoning of the lawmaker as unconstitutional, a mockery of logic and an irritating display of ignorance of the rule of law.
The lawyer, who stated that the invitation smacks of ignorance and an admission of administrative ineptitude, noted that the force could neither arrest nor question Misau on the alleged desertion pursuant to the provisions of the Police Act, as the action is not a criminal offence under the Penal Code applicable in the North, inclusive of Abuja, save for the Criminal Code by virtue of Section 46.
He submitted that the Bauchi senator instead, deserves accolades for exposing the rot in the force.He said: “We are not impressed and are particularly nauseated by the apparent abuse of power by the Police Service Commission (PSC) and the police force. We demand that this dance of absurdity be properly investigated by a special commission and all culpable parties be served their due by law without fail.
“We are approaching the dawn of a new reality in the acceptable standards of all national institutions and thus refuse to accept the attempt by recalcitrant persons within the commission and the force to undermine the constitution and insult the collective intelligence of us all. This must not continue.”
“The Police Service Commission acted outside its scope and jurisdiction as outlined by the 1999 Constitution (as amended) by virtue of Section 153(1) (m) and by a further provision of the Third Schedule Part 1(30) (m) of the law book.
“It is, therefore, obvious that the action of the PSC inviting for investigation a person who has left their service is not only a contravention of the law but a gross over-reach of permitted constitutional limits,” he added.
The commission had last week summoned Senator Misau to appear before it tomorrow for investigation and clarification of the forging of resignation letter allegation levelled against him.
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