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Court declines order to release Melaye, award N50m damages

A Federal High Court in Abuja has refused an application by a non-governmental organization seeking the release of Senator Dino Melaye from the custody of…

A Federal High Court in Abuja has refused an application by a non-governmental organization seeking the release of Senator Dino Melaye from the custody of the Nigerian Police.

Justice John Tsoho on Tuesday ruled that the application cannot be granted exparte order when other parties are not aware, adding that Melaye has been arraigned before a court of co-ordinate jurisdiction.

“The declaratory order on perpetual injunction and indeed damages cannot be granted at this stage when the other parties are not even become aware of the issue,” he said.

“The remaining issue for immediate consideration is prayer two which is the immediate release of Senator Dino Melaye. It is now in public domain that the senator has been arraigned before the High Court of Kogi State, and his bail is being considered. That court is on concurrent jurisdiction and is competent to deal with such subject matter,” he added.

Earlier, Raphael Oyewole, who was the counsel to the Egalitarian Mission Africa, which brought the action against the Inspector General of Police and the Attorney-General of the Federation, asked the court to grant the sum of N50 million damages against the respondents for Melaye’s continued detention.

Melaye, who is the Senator representing Kogi West Senatorial District, was ordered to be transferred to the National Hospital, Abuja under police custody by a Magistrate Court in Lokoja, Kogi State after he was remanded on charges of gun-running.

Justice Tsoho adjourned to June 5 for hearing of the motion on notice.

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