Maina (the applicant) listed Aregbesola and Nababa as 1st and 2nd respondents respectively, in a motion dated and filed on September 27.
By Jeffrey Agbo
A Federal High Court in Abuja has directed the Minister of Interior, Rauf Aregbesola, and the Controller General, Nigeria Correctional Service (NCoS), Haliru Nababa, to file their defence in Abdulrasheed Maina’s suit.
Justice Inyang Ekwo gave the order after counsel for the respondents, Abdulmumin Muhammad, said that though he had been served with Maina’s motions, he was yet to file any process.
Maina, the former Chairman of the defunct Pension Reform Task Team (PRTT), had, on October 17 filed a motion ex-parte marked: FHC/ABJ/CS/1729/2022.
Maina (the applicant) listed Aregbesola and Nababa as 1st and 2nd respondents respectively, in a motion dated and filed on September 27.
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.
He prayed the court for an interim order directing the respondents, via their staff or agents, to immediately take him to a reputable and recognised hospital for treatment of his life-threatening disease pending the hearing and determination of his originating motion.
He also prayed for an order granting him leave to effect the service of the order, the originating motion and other subsequent processes on the respondents by substituted means.
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, dignity of human person and freedom from cruel, inhuman or degrading treatment, among others.
He said it was in the interest of justice to grant his application.
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Justice Ekwo had granted leave for Maina to effect service of the order and other processes on the defendants through any member of their staff in the Abuja offices after Ibrahim Idris, SAN, who appeared for Maina, took the motion.
The judge consequently ordered Maina to put Aregbesola and Nababa on notice within three days of the order and adjourned the matter until October 24 for motion.
But on the next adjourned date, while Maina was represented in court, no lawyer appeared for either the minister or the NCoS CG despite Idris’ proof of service of the processes on the defendants
The judge, therefore fixed Friday, October 28 for hearing of the substantive matter and ordered the deputy chief registrar to notify the Attorney-General of the Federation (AGF), Abubakar Malami, of the pendency of Maina’s suit in the court.
He also directed that hearing notices be issued on Aregbesola and Nababa.
Upon resumed hearing on the matter on Friday, Muhammad, who appeared for the defendants, acknowledged receipt of Maina’s processes.
The lawyer, however, said that they were yet to file their applications on behalf of Aregbesola and Nababa due to some administrative processes.
“Today is Friday, and I am giving you Wednesday next week to file your processes,” Justice Ekwo said, adjourning the case until November 2 for hearing.