Nigerian lawyer and human rights activist Femi Falana has said that the Kaduna State governor Mallam Nasiri El-Rufai can not declare the President of the Nigeria Labour Congress, Comrade Ayuba Wabba wanted.
He went on to say that the Governor lacks the power to declare any alleged offender wanted under the Miscellaneous Offences Act or any other law whatsoever.
Falana who made this know in a statement on Tuesday said that El-Rufai’s statement is laughable and that the order to arrest Wabba cannot be enforced.
He called on the authorities of the Nigeria Police Force and other security agencies to ignore the illegal statement credited to Governor El Rufai.
Mass sack protest: El-Rufai declares Ayuba Wabba wanted
Falana gave some reasons one of which is that by the Trade Union Act and the Nigerian Constitution, Comrade Wabba and other labour leaders have the unquestionable rights to participate in the peaceful warning strike and mass protests against further retrenchment of workers in the Kaduna State public service.
He also said that the Miscellaneous Offences Act is not a state statute but a federal enactment and to that extent, if Governor El Rufai has evidence that Comrade Wabba and other labour leaders have contravened any provisions of the Act he is required to lodge a complaint in any of the police stations in Kaduna State.
Thirdly Falana said that Comrade Wabba and other labour leaders are entitled to the fundamental right of fair hearing including presumption of innocence guaranteed by section 36 of the Constitution the Governor of Kaduna lacks the power to declare them wanted. In Benedict Peters v. Economic and Financial Crimes Commission & Anor. (Suit No: FCT/HC/BW/CV/23/2021) of 22nd March, 2018 even though the EFCC had obtained a warrant for the arrest of the Plaintiff the Court held that “But neither the said warrant nor any of those statutes, including the Police Act and the Administration of Criminal Justice Act provide that the 1st Respondent can declare any person who is suspected to have committed an offence, but is evading warrant of arrest as a wanted person, without an order of court first had and obtained.”
