ABUJA – A Federal High Court sitting in Abuja on Thursday fixed November 1 for the commencement of hearing of a suit to compel the Inspector-General of Police, IGP, Usman Baba to initiate perjury proceedings against the presidential candidate of the ruling All Progressives. Congress, APC, Senator Bola Ahmed Tinubu.
The court, in a ruling delivered by Justice Inyang Ekwo, granted leave to the board members of the Center for Reform and Public Advocacy, a civil society organisation, CSO, to seek a writ of mandamus to compel the IGP to comply with Sections 31 and 32 of the Police Act and Section 3 of the Act on Criminal Justice 2015 prefer charges against the APC flag bearer on allegations that he lied on oath.
Justice Ekwo ruled that the ex-parte application the group brought before the court on Thursday had merit.
He therefore ordered the service of all relevant processes in the case marked: FHC/ABJ/CS/1058/2022 to the Nigerian Police Force, NPF and IGP who were listed as 1. and respectively. 2. the respondent.
The group, through its team of lawyers led by Mr. Ugo Nwofor, told the court that the suit was prompted by the refusal of the IGP to act on its petition against the APC presidential candidate for an offense reportedly found in the investigation report. which was carried out by the Lagos State House of Assembly in 1999.
The CZSO informed the court that it had previously submitted an initiative to the police authorities for further action in the matter of the investigative report.
It insisted that under Sections 214 and 215 of the 1999 Constitution, as amended, as well as Section 4 of the Nigeria Police Act, 2020, the police have a statutory responsibility to “prevent, detect and investigate criminal charges, whether made”. upon their notification by individuals, persons or persons, legal entities, institutions, etc.’
She further argued that under Section 31 of the Nigeria Police Act, the respondents are required to investigate the alleged offense brought before them and report their findings to the Attorney General of the Federation or the State, as the case may be, for legal action. Advice.
The complainant added that under Section 32(1) of the Police Act, “a suspect or accused who is charged or accused of having committed an offense established by an Act of the National Assembly or under other laws shall be arrested, investigated and tried or dealt with in accordance with the provisions of this of the law, unless this law provides otherwise”.
She claimed that she had the legal power to invoke the court’s jurisdiction to compel the Respondents to fulfill their statutory, constitutional and public obligations in accordance with law.
The Complainant further criticized that his two letters dated 16th and 27th June which he is forwarding to the Respondents demanding the prosecution of the APC candidate for alleged perjury have so far been ignored.
She stated that the Respondents also “failed to inform the Applicant of any action taken in relation to the said letter”.
The complainant told the court that based on a letter from the late lawyer, Chief Gani Fawehinmi, in 1999, the Lagos State House of Assembly set up an ad-hoc committee to investigate the alleged act of perjury which the committee in its page 13 report said: “On the issue of misrepresentation on oath (Sections 191 and 197), we are convinced that the Governor’s admittedly incorrect statement of educational attainment was not intended . . .”
In his petition to the IGP, the complainant alleged that the APC presidential candidate lied in the CF 001 form he submitted to INEC in support of his qualification for the 1999 governorship election in Lagos State.
The applicant further alleged that Tinubu “falsified all the educational certificates he listed in his INEC form CF 001 which he admitted he does not possess in Annexure C”.
“For clarity, Senator Bola Ahmed Tinubu swore in the said INEC form that he attended Government College, Ibadan and the University of Chicago, USA when he did not actually study.
“On the basis of the above, we request you to institute criminal proceedings against Senator Bola Ahmed Tinubu, following the express findings of the Lagos State House of Assembly as captured above,” he further stated.
As a result, the court seeks 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 relation to the alleged offense alleged in the complaint no. The applicant encapsulated in a letter dated 16 June 2022 received by the respondents on the same day and entitled: Request for the prosecution of Senator Bola Ahmed Tinubu under Sections 191,192 and 463 of the Penal Code Act, Federation of Nigeria, 2000 Pursuant to Ad-hoc findings Committee of the Lagos State House of Assembly, 1999”.W