BY SEGUN ADEBAYO – The Inspector-General of Police (IGP), Mr Alkali Usman, has informed a Federal High Court in Abuja the All Progressives Congress (APC) presidential candidate, Asiwaju Bola Tinubu has no pending criminal matter with the Nigeria Police.
He also told the court that since there is no pending petition against the former Lagos State governor and he was not a suspect to the Nigeria Police, the Force can not put him on trial.
These explanations were contained in an affidavit filed by the IGP’s counsel at the court, Mr Wisdom Madaki on the reason Tinubu can not be prosecuted over alleged certificate forgery.
Although the affidavit claimed that Tinubu has no pending petition before the police, the IGP, however, admitted having two different petitions from a Civil Group, Incorporated Trustees of Center for Reform and Public Advocacy seeking an order of mandamus to compel the police to arrest and prosecute Tinubu for perjury and certificate forgery related offences.
The IGP explained that the two petitions were predicated on allegations that had been adjudicated upon by Supreme Court in 2002 in a suit filed by the late foremost human rights activist, Chief Gani Fawehinmi.
The police chief said the police could not prosecute Tinubu without any known offence committed, even as the affidavit further averred that since the alleged perjury and certificate forgery had been resolved by the apex court, there was no need for the police to reopen the matter.
The Police boss, who said the Force did not need any court order to make arrests and prosecute since it derived its powers from the constitution and statutes, prayed the court to dismiss the suit brought against him and the Nigeria Police Force for want of merit and jurisdiction.
According to him, the plaintiff would not be prejudiced if the suit was dismissed, asserting that the suit on the alleged perjury and certificate forgery is frivolous and vexatious and deserves no attention from the Court.
Counsel to the group, Mr Eme Ekpu, however, told Justice Inyang Ekwo that the counter affidavit of the police had just been served on him and prayed the court to give him some time to peruse it and reply to it formally.
In a brief ruling, Justice Ekwo granted the request and fixed January 19, 2023, for the hearing of the suit.
In dragging the IGP, and Nigeria Police to court, the Incorporated Trustees of the Centre for Reform and Public Advocacy said the suit was predicated on the alleged refusal of the police to prosecute the presidential candidate of the APC over allegations bothering on forgery.
The suit dated and filed on July 4, 2022, on behalf of the group in Abuja by Mr Mike Nwankwo has the Nigerian Police Force and the Inspector-General of Police as 1st and 2nd respondents.
It submitted that the legal action against the police was necessitated by the IGP’s refusal to take action on its petitions against Tinubu, stressing that the petition was over an offence it claimed Tinubu committed and was indicted by the Lagos State House of Assembly in 1999.
Additionally, the applicant said by Sections 214 and 215 of the 1999 Constitution and Section 4 of the Nigerian Police Act, 2020, the Police have the statutory responsibility to uphold it.
Also, the applicant said this responsibility was to prevent, detect and investigate criminal allegations whether brought to its notice by individuals, persons, corporate bodies or institutions.
In the suit marked; FHC/ABJ/CS/1058/2022, the applicant is asking 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.
It further stated that this is in relation to the alleged crime of forgery committed by the APC presidential flag bearer far back in the year 1999.
