Alex Enumah in Abuja
The Inspector General of Police, Alikali Baba Usman, yesterday, stated that the force could not reopen the prosecution of a former Lagos State governor and presidential candidate of the All Progressives Congress (APC), Senator Bola Tinubu, over forgery allegations,because the Supreme Court of Nigeria, the apex court court in the country had adjudicated on the matter as far back as 2002.
The IG stated this in a counter affidavit he filed in a suit instituted by a Civil Group seeking order of mandamus to compel him to arrest and prosecute Tinubu for alleged perjury and certificate forgery.
Currently, two different petitions from a Civil Group, including that of the Incorporated Trustees of Center for Reform and Public Advocacy are before the IG requesting for the arrest and prosecution of Tinubu over allegations bordering on perjury, certificate forgery and related offences.
The IG, through his lawyer, Mr Wisdom Madaki, told the court that Tinubu has no pending petition or criminal matters with the police in anywhere in the country and therefore not a suspect before the force and as such, could not be put to trial.
The affidavit averred that since the alleged perjury and certificate forgery had been resolved by the Supreme Court, there was no need for police to reopen the matter again.
Besides, the IGP said police did not need any court order to make arrest and prosecute since it derived their powers from the Constitution and statutes.
IGP, therefore, asked the Federal High Court to dismiss the suit brought against him and the Nigeria Police Force for want of merit and jurisdiction, adding that the plaintiff would not be prejudiced if the suit was dismissed.
Specifically, the IGP asserted that the suit on the alleged perjury and certificate forgery was frivolous, vexatious and deserved no attention of the Court.
However, at yesterday’s proceedings, counsel to the Civil group, Mr Eme Ekpu told Justice Inyang Ekwo that the counter affidavit of the police, had just been served on him and that he needed time to peruse it and reply to it formally.
Ekpu asked Justice Ekwo to grant him a short adjournment to enable him react to the counter affidavit properly.
In a brief ruling, Justice Ekwo granted the request and fixed January 19, 2023 for hearing of the suit.
The Incorporated Trustees of Center for Reform and Public Advocacy had dragged the IGP before the Court over his alleged refusal to prosecute Tinubu over allegations bothering on perjury.
The suit dated and filed on July 4 on behalf of the group in Abuja by Mike Nwankwo, has the Nigerian Police Force and the Inspector General of Police as 1st and 2nd respondents.
The NGO said the legal action against the police was necessitated by the IGP refusal to take action on its petitions against Tinubu over an offence it claimed the presidential candidate was indicted by the Lagos State House of Assembly in 1999.
