By Deborah Onyofufeke
An Abuja Federal High Court on Wednesday dismissed the suit filed against the Minister of Interior, Mr Rauf Aregbesola, and Haliru Nababa, Controller General (C-G), Nigeria Correctional Service (NCoS) by Abdulrasheed Maina, over his alleged ill-health.
Justice Inyang Ekwo, while delivering the judgment, maintained that Maina had not been able to convince the court with any compelling evidence that the minister and the C-G had infringed on any of his basic right as provided by the law while in their custody.
Justice Ekwo also said that by the correctional services 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, demonstrates care and attention on the part of the custodial authorities.
He held that it shows that Maina has been provided with proper medical attention and treatment suitable for his station in life as at the time of filing the application.
Justice Ekwo also said that the allegation of the applicant that the prison custodians has refused to take him to a reputable and recognised hospital for medical attention or treatment, cannot be found in the circumstance of his case.
The judge further added that if the applicant, by the allegation, is saying that the University of Abuja Teaching Hospital is not a reputable and recognised hospital, then the court has refused to agree with him as a teaching hospital in Nigeria is a reputable and recognised hospital.
Justice Ekwo held that it is accepted universally, that prisoners have a right to receive medical treatment. He added that such prisoners generally do not have a right to choose a specific medical treatment and cannot hold the state to ransom on such demand.
Redesigning of naira will crash dollar to N200 – EFCC chair
“This application, in my opinion, is dire evidence of the fact that the applicant is yet to undergo any degree of reformation that his conviction and sentence to prison custody is meant to achieve.
“From the evidence before me, it is manifestly dear that the applicant is not just looking for medical treatment but an indulgent lifestyle while in prison. He wants to be treated as a privileged person with absolute rights and privileges.
“It is either the applicant does not understand the limitations of a custodial life or is pretending not to do so. The court will not interfere with the actions and decisions of the custodial authorities once it is demonstrated that they acted within the confines of the statute regulating the performance of their functions.
“In my opinion, this 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, the defunct Pension Reform Task Team (PRTT), had, on Oct. 17, filed a motion ex-parte marked: FHC/ABJ/CS/1729/2022.
Maina (the applicant) listed the minister and the C-G of NCoS as 1st and 2nd respondents respectively, in a motion dated and filed on Sept. 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.
The ex-pension reformed boss 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 diseases pending the hearing and determination of his originating motion.
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 the human person and freedom from cruel, inhuman or degrading treatment, among others.
But 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.”
In their application marked: FHC/ABJ/CS/1719/22, dated and filed Oct. 31, the duo said contrary to Maina’s claim, he 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 described the medical reports he produced as self-induced while they argued that Maina had access to medical attention at the University of Abuja Teaching Hospital, where he had severally been attended to; and that the exhibits attached amply bore out these facts.
They said it became obvious that Maina’s referral to the hospital was a mere gimmick to take him out of lawful custody noting that the operatives of the NCoS received a confidential, top-secret intelligence report that Maina, through the act, was planning his escape with “armed gunmen” suspected to be loyal to him.
They said that Maina, who was arraigned on Oct. 25, 2019, on a 12-count charge though pleaded not guilty, jumped bail after being granted the bail on health grounds.
They said that Sen. Ali Ndume, who stood as Maina’s surety, was remanded in Kuje prison until Maina was rearrested.
The minister and the C-G, insisted that Maina was only raising false health alarms, while they urged the court to dismiss the suit.
