Court Dismisses Maina’s Suit Against Aregbesola, NCS Boss

Justice Inyang Ekwo of the Federal High Court sitting in Abuja on Wednesday dismissed a case filed by a former Pension boss, Abdulrasheed Maina against the Minister of Interior, Rauf Aregbesola, and the Controller General of the Nigeria Correctional Service, Haliru Nababa, over his acclaimed ill-health.

Justice Ekwo, in his judgement, held that Maina failed to provide any tangible evidence to back his claim that the minister and the C-G infringed on his basic right as provided by the constitution.

The Judge also held that Maina’s 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, the former Chairman of the defunct Pension Reform Task Team, had, on October 17, filed a motion ex-parte marked: FHC/ABJ/CS/1729/2022, wherein he listed the minister and the C-G of the Correctional Serice as 1st and 2nd respondents respectively.

The former Pension boss, who is currently serving an eight-year jail term for pension fraud of about N2 billion, had told the court that he is suffering from a life-threatening disease in the prison and that he needs urgent medical attention.

He prayed the court for an interim order directing the minister and the C-G, 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.

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.

In their joint counter affidavit in opposition to Maina’s originating motion the minister and the C-G 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.”

Contrary to Maina’s claim, the duo, in their application, said, he (Marina) 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 argued that Maina had access to medical attention at the University of Abuja Teaching Hospital, where he had severally been attended to and added that Maina’s referral to the hospital was a mere gimmick to take him out of lawful custody.

In his judgement, Justice Ekwo held that by taking Maina to the Cardiological Department, Orthopaedic and ENT Departments of the University of Abuja Teaching Hospital, Gwagwalada about 23 times, as stated in the exhibits provided, showed that he had been provided with medical attention and treatment suitable for his station in life as at the time of filing the application.