The Inspector General of Police, Usman Baba, on Tuesday, told the court that the police has no criminal allegation pending against the presidential candidate of the ruling All Progressives Congress, (APC), Bola Ahmed Tinubu to warrant his prosecution.
Consequently, he has sought the dismissal of the suit seeking to compel him to initiate a perjury case against the former governor of Lagos state.
The IGP, in a counter-affidavit he filed against the suit that was instituted by the Incorporated Trustees of Center for Reform and Public Advocacy, a Civil Society Organization, CSO, also told the court that since the APC presidential candidate is not a suspect in any case, there was no reason for the police to put him on trial.
However, the IGP, in the legal process he filed through his lawyer, Wisdom Emmanuel Madaki, said he was aware of two different petitions from the group, requesting Tinubu’s arrest and prosecution over alleged perjury and certificate forgery.
He explained that the two petitions were predicated on allegations that the Supreme Court decided in 2002, in a suit that was filed by the late foremost human rights activist, Chief Gani Fawehinmi.
The IGP argued that since the alleged perjury and certificate forgery had been resolved by the apex court, there was no need for police to reopen the matter again.
Besides, he contended that the police do not need any court order to make arrests or prosecute any individual, since it derives its powers from the constitution and statutes.
Describing the suit as frivolous and vexatious, the IGP, sought its dismissals for want of merit.
Meanwhile, counsel to the Applicant, Mr. Eme Kalu Ekpu, told the court that he was just served with the counter-affidavit, even as requested a short adjournment to enable him to respond.
Consequently, Justice Inyang Ekwo adjourned the matter till January 19, 2023, for a hearing.
It will be recalled that the court had earlier granted the group the permission to apply for an order of mandamus to compel the IGP to in line with Sections 31 and 32 of the Police Act and Section 3 of the Criminal Justice Act, 2015, prefer charges against the APC flag-bearer, following an allegation that he lied on oath.
It ordered service of all the relevant processes in the substantive suit marked: FHC/ABJ/CS/1058/2022, on the Nigerian Police Force, NPF, and the IGP, who was cited as 1st and 2nd Respondents, respectively.
The group told the court that the suit was necessitated by the IGP’s refusal to take action on its petition against APC’s presidential candidate over an offence it said was established by a report of an investigation that was conducted by the Lagos State House of Assembly in 1999.
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The CSO told the court that it earlier forwarded a petition to Police authorities, demanding further action on the said investigative report.
It maintained that by virtue of Sections 214 and 215, of the 1999 Constitution, as amended, as well as Section 4 of the Nigerian Police Act, 2020, the Police, have the statutory responsibility to “prevent, detect and investigate criminal allegations whether brought to their notice by individuals, person or persons, corporate bodies, institutions etc”.
It further claimed that by Section 31 of the Nigerian Police Act, the Respondents, are duty bound to investigate alleged crime brought to them and report their findings to the Attorney General of the Federation or of a state, as the case may be, for legal advice.
The Applicant added that by Section 32(1) of the Police Act, “a suspect or Defendant alleged or charged with committing offence established by an Act of the National Assembly or under any other laws shall be arrested, investigated and tried or dealt with according to the provisions of this Act, except otherwise provided under this Act”.
It contended that it has the legal competence to invoke the jurisdiction of the court to compel the Respondents to discharge their legal, constitutional and public duties in line with the law.
More so, the Applicant, decried that its two letters dated June 16 and 27, which it forwarded to the Respondents, wherein it demanded the prosecution of the APC candidate over alleged perjury, have until now been ignored.
It said the Respondents have also “not notified the Applicant of any action taken on the said letter”.
The Applicant told the court that following a letter by a late legal luminary, Chief Gani Fawehinmi, in 1999, the Lagos State House of Assembly had set up an Ad-hoc Committee to investigate the alleged act of perjury wherein the Committee had in its report on page 13 stated that “However, on the question of providing false information on oath (sections 191 and 197) we are satisfied that the statement of the governor’s educational qualification which he has admitted was incorrect was not intended…”
In its petition to the IGP, the Applicant claimed that APC’s presidential candidate lied on oath in the form CF 001 he submitted to INEC in aid of his qualification for the governorship election in Lagos State in 1999.
The Applicant further claimed that Tinubu “forged all the educational certificates he listed in his INEC Form CF 001 which he admitted he did not possess in annexure C”.
“For purpose of clarity, Senator Bola Ahmed Tinubu in the said INEC Form deposed on oath that he attended Government College, Ibadan, and the University of Chicago, USA when in actual fact he did not.
“On the strength of the above, we demand that you initiate the criminal proceedings of Senator Bola Ahmed Tinubu consequent upon the express findings of the Lagos State House of Assembly as captured above”, it further stated.
It is, therefore, praying the court for; “An order of mandamus, compelling the Respondents to comply with Sections 31 and 32 of the Police Act and Section 3 of the Criminal Justice Act, 2015 in respect of alleged crime laid out in complaint of the Applicant encapsulated in the letter of June 16, 2022, received by the Respondents on the same date and titled: Demand for Criminal Prosecution of Senator Bola Ahmed Tinubu under Sections 191,192 and 463 of the Criminal Code Act, Law of the Federation of Nigeria, 2004 Consequent upon the Findings of the Lagos State House of Assembly Ad-hoc Committee, 1999”.
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