[allAfrica.com] Delta Accuses Police of Detaining D/Gov This Day (Lagos) NEWS April 1, 2004 Posted to the web April 1, 2004 By Josephine Lohor, Ahamefula Ogbu, Jaiyeola Andrews And Yemi Akinsuyi Abuja, Asaba & Lagos 'He is only being interrogated' The Delta State government has alerted the nation of the detention of the state deputy governor, Chief Benjamin Elue, by the police since Tuesday in contravention of the immunity enjoyed by the state number two citizen as provided for by Section 308 of the 1999 Constitution. The police high command yesterday in Abuja, however, denied detaining the deputy governor saying he was only being questioned, adding that "the immunity the deputy governor enjoys does not immune him from police questioning." The House of Representatives in its reaction to the reported detention of Elue in Abuja yesterday directed the Inspector General of Police (IGP), Mr. Tafa Balogun, to release the Delta State deputy governor. On its part, the Delta State government yesterday directed the state's attorney general to institute legal action against the Inspector General of Police over what it alleged is the detention of the state deputy governor. The Delta government, which raised alarm over the whereabouts of the deputy governor, stated that Elue has remained incommunicado since he arrived the police headquarters on the Tuesday at 11.00a.m. Emphasising that "the state government finds this to be very embarrassing," the state Commissioner for Information, Mr. Magnus Onyibe, said "the attorney general of the state has been asked to institute legal action against the police force and that is in the process. But before the case goes to court, the state wants to use this opportunity to invite well-meaning Nigerians and the Federal Government to ask the Inspector General where he is keeping the deputy governor of Delta State who was invited to have a chat with him yesterday (Tuesday)." Speaking to newsmen in Abuja, Onyibe who described the situation as embarrassing to the Delta State government, said the deputy governor's phone has been switched off, just as his family and doctor have been denied access to him. Onyibe who said the police action contravened section 308 which gives Elue immunity, claimed that if the deputy governor knew that the car he gave would be used "for any nefarious activity," he would not have given a car that was unmarked. The commissioner said the deputy governor was under the impression that the car he gave to a member of the Peoples Democratic Party (PDP) was headed for Benin on an errand. It would be recalled that over the weekend, the police, during a stop and search operation, had found about 12 assorted riffles and 60 rounds of 7.62mm live ammunitions concealed in the boot of the car which Elue gave to the PDP member to use. Onyibe who noted that "the deputy governor is very upset that something like this could happen and that he has been deceived," added that "we believe that section 308 gives the deputy governor immunity but it appears that this has been breached. The man, as we speak, is still wearing the clothes that he wore on Tuesday. He might not have had any meal. It is possible that he has not brushed his mouth. We do not know his state of health right now." He added that "at about 11.a.m yesterday (Tuesday), he (deputy governor) went to the force headquarters and left his aides to meet with the police inspector general. As we speak, the whereabouts of the deputy governor of Delta State, Chief Benjamin Elue, is unknown. "The man has remained incommunicado. he has not emerged from the police headquarters since 11.00a.m yesterday (Tuesday). For over 24 hours now. His phone has been switched off. His doctor who came from Asaba cannot see him." Also yesterday, Elue's Special Assistant on Media, Mr Willy Bozimo, said in Asaba, that Elue has been in detention in unknown place in Abuja since Tuesday. "The deputy governor's personal details and staff who had travelled with him from Asaba were left behind in the Force Headquarters premises when the Inspector General of Police left the office by 6 p.m. For the rest of Tuesday till Wednesday, Chief Elue had been kept incommunicado by the police high command," Bozimo averred. Bozimo also hinted that "conflicting reports from the police and other sources tended to indicate that the deputy governor had been taken to the Presidential Villa, Aso Rock, for detention." Bozimo however averred that this act of detention of the deputy governor "in the name of interrogation, is an infringement on his immunity as guaranteed by the provision of Section 308 of the Constitution of the Federal Republic of Nigeria 1999." Reacting to the allegation, the Police high command in Abuja has denied ever detaining Elue. According to a statement signed by the Force Public Relations Officer, Mr. Chris Olakpe, Deputy Commissioner of Police, (DCP). "There was no time when the deputy governor was detained. The Nigeria Police Force is duly aware that as a deputy governor of a state, he is covered by immunity as provided in the constitution of the Federal Republic of Nigeria.. "While investigation is in progress, and if at the end, the deputy governor is indicted of complicity in the case, he will be prosecuted at the end of his tenure of office. In view of the immunity he enjoys, which only covers immediate prosecution while in office and does not close interrogation and investigation, he is not immune from police questioning", it stated. The Supreme Court had August last year in Bola Tinubu vs Gani Fawehinmi ruled that police can interrogate, but cannot prosecute government officers who enjoy immunity. Meanwhile, the House of Representatives yesterday directed the IGP to release the Delta State Deputy Governor. The House, which expressed worry over constant constitutional breaches by the police, reminded the IGP that the Deputy Governor was protected under section 308 of the 1999 Constitution and urged him to hold the laws of the land sacrosanct in discharging his duties. The House condemned the action of Balogun for breaching the constitution of the land, which they said he swore to uphold. Moving a motion of urgent national importance, Hon Halims Agoda said the Delta State Deputy Governor answered a summon from the IG and was not allowed to go home. He alleged that Elue was detained in a room close to the toilet and was neither allowed to see anyone nor allowed to be seen. According to him, the danger in the process was that the police could flagrantly detain anyone if a Deputy governor protected under section 308 of the 1999 Constitution could be so treated. Agoda said rather than arresting and detaining the Deputy Governor, the police should have demanded to know from the policemen in the vehicle where they got the guns from. He argued that by that detention, the entire people of the state were being detained since he was representing them having been elected into that position. He prayed the House to intervene to free the state from the harassment of the police. House Speaker Aminu Masari then asked the House Committee Chairman on Police Affairs, Hon Emmanuel Bwacha, whom he said he had sent twice to the IG to secure the release of the Deputy governor to brief the House. Bwacha said that he was told at the Force Headquarters that the IG was not around and that he had gone to Kogi State. He said the IG had at the first encounter he had with him denied detaining the Deputy Governor. Continuing, Hon. Aregbe Osula said the IG must not only release the Deputy governor but also appear before the House to explain why he should not resign his appointment. Hon Ahmed Salik, the leader of the All Nigerian Peoples Party in the House pointed out that reports of police onslaught on the people was becoming worrisome and observed that if not checked, it would be emboldened to do more. Hon Usman Balkore called for a vote of no confidence on the IG and for a letter to be written by the House asking President Olusegun Obasanjo to change him immediately. Hon Abubakar Momoh said the IG should tender an unreserved apology for the humiliation of Elue while Hon Abdul Oroh regretted that rather than turn their efforts towards curbing crime, the police was unleashing terror on the populace. He called for the dismissal of the IG from service. Hon Chinedum Macebuh, however, called for caution on the part of the House saying it ought to investigate before joining the fray. He wondered why Elue did not write the House for help or go to court to protect his rights, a view also echoed by Hon Farouk Adamu. Also yesterday, Elue filed a motion ex-parte praying for his immediate release from detention and for leave to issue a writ of habeas corpus (produce the body) against the Inspector General of Police and the Attorney General of the Federation. Counsel to Elue, Chief Alex Izinyon (SAN) is also praying that the Deputy Governor be set free from wrongful detention at the Police Force Headquarters in Abuja pending he directive of the court. He is relying on Order 45 Rule 2(6) (b) of the Federal high Court Civil Procedure Rules 2000 for the prayers.   =============================================================================   Copyright © 2004 This Day. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). =============================================================================