Justice Yusuf Halilu gave the order after Melaye’s counsel, Chief Mike Ozekhome (SAN) informed the court that his client has been in police custody since Jan. 4 against what the law stipulated.
“We are talking about the liberty of a citizen not because he is a senator of the Federal Republic of Nigeria, but a citizen, this is contrary to sections 35 and 36 of the Constitution of Nigeria. “If you keep a man for 13 days you have already presumed him guilty, ” he submitted.
Simon Lough, the respondent counsel, told the court that he only got the motion on notice on January 16, and needed five days according to law to reply. He added that he was and not aware of the order to show cause.
He said though Melaye was in the police custody, he as the counsel does not have the power to effect his investigation which was ongoing, preparatory to charging him to court. Lough therefore prayed the court for an adjournment to enable him file and serve his reply before January 18. The judge explained that the police was put on notice to come and show cause why the detained senator should not be granted bail.
He, however, adjourned the hearing till January 18, to enable the respondent file his reply on the applicant. Both parties agreed to the application for adjournment prayed by the respondent. The judge further ordered the respondent to serve the applicant all the processes today.
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