Court orders interior minister, NCoS CG to file responses in Maina’s suit seeking medical treatment

A federal high court in Abuja has ordered Rauf Aregbesola, minister of interior, and Haliru Nababa, controller-general of the Nigeria Correctional Service (NCoS), to file their defence in a suit instituted by Abdulrasheed Maina.

On November 8, 2021, Maina, former chairman of the Pension Reform Task Team (PRTT), was sentenced to eight years in prison after he was found guilty of money laundering.

In an ex parte motion marked: FHC/ABJ/CS/1729/2022, dated and filed on September 27, the convict prayed the court for an interim order directing the minister of interior and the NCoS controller-general, to immediately take him to a reputable hospital for treatment pending the hearing and determination of his originating motion.

Additionally, Maina prayed to grant him leave to effect the service of the order, the originating motion, and other subsequent processes on the respondents by substituted means.

Maina, in his application, adduced 10 reasons why the motion should be granted, including that his “ailment” had been left untreated, and had resulted in the deterioration of his health.

Rather than grant the ex parte motion, Inyang Ekwo, the presiding judge, ordered the applicant to put the respondents on notice within three days of the order, and adjourned the matter until October 24 for hearing of the motion.

He also granted the applicant leave for substituted service.

When the matter came up on October 24, there were no legal representatives for the respondents.

The matter was then adjourned till October 28 and the deputy chief registrar was ordered to notify the attorney-general of the federation (AGF) of the pendency of the suit.

He also directed that hearing notices be issued on the minister and the NCoS CG.

At the resumed hearing of the matter on Friday, Abdulmumin Muhammad, who appeared for the respondents, acknowledged receipt of Maina’s processes.

The lawyer, however, said they were yet to file their applications on behalf of the first and second defendants due to some administrative processes.

Muhammad then sought an adjournment to enable him to file is responses.

He said he would need about 21 days to file his processes in accordance with the rules of the court.

Although the judge noted that it would be in the interest of justice to allow the respondents to file its processes, he reminded them of the urgency as the suit borders on fundamental human rights.

“Don’t remind me of your sins. Have you read the applicant’s processes? Do you know the application is a fundamental right enforcement suit?” the judge asked.

“Today is Friday, and I am giving you Wednesday next week to file your processes.”

Ekwo adjourned the case till November 2 for hearing, and ordered the respondents to file and serve their processes before the next adjourned date.