Maina prayed the court for an interim order directing the Aregbesola and Nababa via their staff or agents, to immediately take him to a reputable hospital for treatment.
By Jeffrey Agbo
A Federal High Court in Abuja on Wednesday struck out a suit filed by Abdulrasheed Maina against the Minister of Interior, Rauf Aregbesola, and the Controller General, Nigeria Correctional Service, Haliru Nababa, over his alleged ill-health.
Justice Inyang Ekwo ruled that Maina did not provide any tangible evidence to back his claim that the duo infringed on his basic right as provided by the law of the country.
“In my opinion, this application is a ruse. It is an attempt to belittle the essence of criminal conviction and to aid the applicant (Maina) to live above the law.
“I find that the application lacks merit and I make an order dismissing it,” Justice Ekwo declared.
Maina, former chairman of the defunct Pension Reform Task Team, had on October 17 filed a motion ex-parte and listed the minister and the CG of NCoS as 1st and 2nd respondents respectively.
Maina, who is currently serving an eight-year jail term at Kuje Prison for pension fraud to the tune of N2 billion, had told the court that he is suffering from a life-threatening disease in the prison and he needs urgent medical attention.
Maina prayed the court for an interim order directing the Aregbesola and Nababa, via their staff or agents, to immediately take him to a reputable and recognised hospital for treatment of his life-threatening diseases pending the hearing and determination of his originating motion.
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Giving 10 grounds why the motion should be granted, Maina said the failure to treat the diseases/sicknesses he is suffering had led to his incapacitation and deterioration of his health.
According to him, there is already a likelihood of contravention or infringement of the applicant’s rights to life, the dignity of the person and freedom from cruel, inhuman or degrading treatment, among others.
But in their joint counter affidavit in opposition to Maina’s originating motion, Aregbesola and Nababa said, “It has become glare from the intelligence report at their disposal that the applicant (Maina) only feigns the ailments for him to be taken out of the custodial facility to aid his escape from lawful custody.”
In their application marked: FHC/ABJ/CS/1719/22, dated and filed Oct. 31, the duo said contrary to Maina’s claim, he was never refused access to medical services, but that Maina would not be allowed to hide under medical services to escape from lawful custody.
They described the medical reports he produced as “self-induced.”
They argued that Maina had access to medical attention at the University of Abuja Teaching Hospital, where he had severally been attended to; and that the exhibits attached amply bore out these facts.
Aregbesola and Nababa told the court that Maina was only raising false health alarms.
