Usman Baba, the Inspector General of Police, yesterday sought the dismissal of a suit seeking to compel him to initiate a perjury case against Senator Bola Tinubu, the presidential candidate of the ruling All Progressives Congress, APC.
The IGP stated in a counter-affidavit filed in response to the suit filed by the Incorporated Trustees of Centre for Reform and Public Advocacy, a civil society organisation, that police had no criminal allegation against Tinubu that would warrant his prosecution.
He told the court that since the APC presidential candidate was 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 filed through his lawyer, Wisdom 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 filed by the late foremost human rights activist, 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 police does not need any court order to make arrest or prosecute any individual since it derived 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 for a short adjournment to enable him respond.
Consequently, Justice Inyang Ekwo adjourned the matter till January 19, 2023, for 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 were 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 the APC presidential candidate over an offence it said was established by report of an investigation conducted by Lagos State House of Assembly in 1999.
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 had 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 lamented 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, had until now been ignored.
It said the Respondents had also “not notified the Applicant of any action taken on the said letter”.
The Applicant told the court that following a letter by late legal luminary, 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 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 were incorrect were not intended”.