“Surrender To Police” Falana Advises Senator Dino Melaye

HUMAN rights lawyer, Mr. Femi Falana, SAN, yesterday, called on the
lawmaker representing Kogi West Senatorial district, Senator Dino Melaye
to end the siege by submitting himself for arrest without any further
delay.

He, however, cautioned the Police to conduct Melaye’s
arrest, investigation and prosecution in strict compliance with the
relevant provisions of the penal statutes and the Constitution.

In a statement Falana flayed the Police for the sensationalization of the planned arrest of the Senator.

His
words: “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. The right may however
be violated by the State if there is reasonable suspicion that any
citizen has committed a criminal offence. The Nigeria Police Force
recently announced its plan to arrest Senator Dino on the allegation
that he has committed the offences of criminal conspiracy and attempted
culpable homicide. The Senator did not 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.

“Convinced that the
Senator has decided not to submit himself for investigation, a team of
police personnel have surrounded his residence with a view to effecting
his arrest. The siege to the house by the Police has needlessly lasted
for 6 days. It has been reported that the supply of electricity and
water to the house has been disconnected by the Police. Such action
cannot be justified in law. There is no doubt that the Nigeria Police
Force has itself to blame for the sensational planned arrest of the
Senator.

”The Police ought to have affected 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.”

Source:- Vanguardngr