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By Carl Umegboro
EMBATTLED senator representing Kogi West senatorial district in the upper legislative chamber, Dino Melaye elected on the platform of the ruling All Progressives Congress (APC) is indeed between a rock and a hard place. Despite the criminal allegations leveled against him by the Nigerian Police Force, the controversial lawmaker recklessly complicated his predicaments that the end may never come soon. Prior to the criminal allegations against the lawmaker, Melaye faces a recall action from his constituencies since last year but by legal actions; put the recall processes on hold through technicalities coupled with the judges’ annual vacation which worked to his advantage.
Whilst the recall attempt is in murky waters due to rigorous court processes, the embattled lawmaker yet again was abysmally implicated in some unhallowed and criminal acts with inmates that alleged to be his gang; armed with guns and funded with huge sums of money for yet to be disclosed assignments for the senator. The Police accordingly, severally invited Melaye for interrogations alongside his arraignment in Kogi State to no avail until his arrest recently. But strangely, on the way, his cronies ambushed the Police leading to his attempted escape by jumping away from a moving vehicle. In the process, Melaye sustained injuries and undergoing treatment presently at the National Hospital after evacuation from a private clinic by the police.
By and large, Melaye is simultaneously battling with three serious issues; recall process, criminal charges of unlawful possession of arms alongside two others, and finally escape from lawful custody of the Police. Apart from the first which will at most sack him from the Senate if successfully endorsed by his people, thereby only deprive him of the jumbo allowances prevalent in the legislative arm; the other two are crimes punishable with terms of imprisonment under the Criminal Code (Laws of the Federation) which would automatically remove any public officeholder from office including a senator if convicted. If found guilty on the charges, he will literally be reduced to a convict even if he pays fines, and consequently ruin his political career for a period of ten years. This is on account that fine on conviction and jail terms are equivalent in law.
Statutorily, a convict is ineligible for election to the Senate pursuant to Section 66(1)(c) and (d) of the 1999 Constitution, Federal Republic of Nigeria as amended. In other words, if convicted and sentenced, the Attorney General of the Federation can expressly approach the court ex parte to delist his name as a senator of the 8th Senate. By implications, the senator is in a pinch; standing between the devil and the deep blue sea, as the three catastrophes ultimately point to one direction; losing his seat. Obviously, Melaye was ill-advised to undertake the disgraceful misadventure which worsened his crisis, and bolstered the Police to handcuff a serving senator even on the sick bed as a common criminal which he overtly acted out by the attempted escape from lawful custody. The reasons is that as a serving senator, encircled by well-to-do political associates and friends, Melaye, irrefutably could without any stress prearrange all the likely bail conditions and confidently submit himself for arraignment in the court and secure his bail immediately since the charges are all bailable offences. The worst part is that Melaye unconsciously has created an avenue to possibly stand rearrested if granted bail on the first arraignment should the Police fail to amend the first charges to include the additional criminal act of escape from lawful custody. Probably, the lawmaker was misled on the escape drama possibly to strategically frustrate the recall exercise or invoke masses sympathy against the recall exercise.
Nonetheless, supposing the action was aimed at frustrating the exercise, maybe to necessitate his admission in the hospital, could that sufficiently debar the recall exercise by the Independent National Electoral Commission (INEC) as scheduled? The answer is emphatically NO. There’s no law anywhere that states that a candidate must be physically present during his election or recall process. Interestingly, some years ago, a candidate of Peoples’ Democratic Party (PDP) from the Southwest geopolitical zone was elected while in prisons custody. Clearly, there is no provision for a candidate’s active roles during election other than to cast his vote and wait for the results but vicariously through his agents.
To conclude, Melaye’s actions particularly the dramatic jumping from a moving vehicle to escape from lawful custody irrespective of the motives is grotesque and leaves much to be desired of a “distinguished senator”. Above all, if the grievous allegations of involvement, funding and supply of guns to criminals are substantiated, it boils down that politicians are truly responsible for the gruesome and endless killings that have sent countless innocent lives to early graves merely for selfish reasons. Thus, whether allegiance in APC or oppositions, criminalities shouldn’t be trivialized; let the law take its course.
Umegboro, public affairs analyst writes from Abuja via [email protected] (07057101974 SMS-only)