§ 1. Mr. Haleasked the Secretary of State for the Colonies whether he is aware that Mallam Said bin Hayatu has been detained without trial in Nigeria for 33 years; and whether he will order a new investigation into the circumstances.
§ The Minister of State for Colonial Affairs (Mr. John Hare)No, Sir. Mallam Said has not been detained in physical custody since 1924 and I do not think any investigation is called for.
§ Mr. HaleIs not the Colonial Secretary aware that under his own Order, made in 1955, Mallam Said bin Hayatu is in the custody of the Resident Commissioner of Kano, and that under a statutory Lettre de Cachet issued in 1924 he is liable to be imprisoned without trial if he moves? Is not this a scandalous state of affairs, reminiscent of "The Man in the Iron Mask?" Does not the Minister consider that the more modern practice of dealing with someone who makes a speech against colonial authority by sending him to the House of Lords is more civilised?
§ Mr. HareThe hon. Member for Oldham, West (Mr. Hale) is giving a wrong impression, because under the latest order to which he refers, Mallam Said is given 456 freedom to move anywhere except in the three Provinces of Adamawa, Bauchi and Bornu.
§ Captain PilkingtonOn a point of order. Is there any safeguard, Mr. Speaker, against an hon. Member putting down a Question like this, which is apparently quite inaccurate and does a great deal of harm?
§ Mr. SpeakerHon. Members are themselves responsible for the allegations which they make in Questions.
§ Captain PilkingtonIs there any limit to which an hon. Member can go in putting down a Question like this?
§ Mr. SpeakerHon. Members are themselves the judges of what it is right for them to do.
§ Mr. HaleOn a point of personal explanation, as an allegation has been made against my accuracy. I hold in my hand a Colonial Office Order made by the Acting-Deputy-Chief Secretary of the Council of Ministers, dated 14th April, 1955, which says:
Mallam Said bin Hayatu shall, from the date hereof … continue under the lawful custody of the Resident, Kano Province, who shall impose such restriction on the liberty of the said person as he may think necessary.
§ Mr. SpeakerThere seems to be a dispute about the facts here, but that is quite a common occurrence in this House.