The invitation of Senator Misau by the Police Service Commission for investigation is unconstitutional and a display of ignorance, Pelumi Olajengbesi, a lawyer has said.
The commission reportedly invited the lawmaker to appear before it tomorrow and clear himself of an allegation against him by the police over forgery of his resignation letter from the Force. But in a statement in Abuja, Olajengbesi who is a Principal Partner of Pelumi Olajengbesi & Co. Law Corridor said the summon is not only a contravention of the law but a "gross over-reach of permitted constitutional limits."He argued that the Commission should either release a publication as to the authenticity or otherwise of Senator Misau's resignation letter or apologise to the public for making a "collective mess" of the institution.
"On the other hand, it is imperative at this juncture to reiterate that the alleged desertion as provided in the Police Regulations pursuant to the provisions of the Police Act is nota criminal offence under our penal laws particularly in the Penal Code applicable in the north inclusive of Abuja save for the Criminal Code by virtue of Section 46, hence "The police can neither arrest nor question Senator Misau on this allegations as, assuming without conceding that the provision of desertion applies to him, having resigned as Deputy Superintendent of Police, its prescribed punishment has long been overtaken by events," he said.
Source: Saawua Terzungwe
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