On Tuesday, Alkali Baba Usman, the Inspector-General of Police (IGP), explained why Bola Tinubu, the All Progressives Congress (APC) presidential candidate, cannot be charged with forging certificates.
Usman stated on Tuesday before the Federal High Court in Abuja that Tinubu has not been the subject of any security agency petitions.
He added that because Tinubu is not a suspect, he cannot be tried.
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A lawyer named Wisdom Emmanuel Madaki filed an affidavit at the Federal High Court in Abuja explaining the police’s inability to prosecute Tinubu.
The IGP responded to a lawsuit filed by a Civil Group seeking a mandamus ruling compelling him to detain and prosecute Tinubu for perjury and certificate forgery by stating that the police lack the authority to do so in the absence of any known offense.
Despite the affidavit’s assertion that Tinubu has no open police cases, the IGP acknowledged receiving two petitions from a Civil Group, Incorporated Trustees of Center for Reform and Public Advocacy calling for Tinubu’s arrest and prosecution for alleged perjury and certificate forgery-related offenses.
The IGP clarified that the two petitions were based on claims that the Supreme Court had decided upon in 2002 in a case brought by the late leading human rights campaigner, Chief Gani Fawehinmi.
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According to the affidavit, there was no need for police to restart the case because the Supreme Court had already addressed the allegations of perjury and certificate fabrication.
In addition, the IGP stated that as the police draw their authority from the Constitution and laws, they do not require a court order in order to conduct arrests or bring charges.
The IGP requested that the Federal High Court dismiss the lawsuit filed against him and the Nigeria Police Force for lack of jurisdiction and merit, noting that the plaintiff would not suffer any harm from the dismissal.
The head of the police claimed that the lawsuit about the alleged perjury and certificate fabrication is pointless and vexatious and does not require the court’s attention.
At the hearing on Tuesday, the attorney representing the Civil group, Eme Kalu Ekpu, informed Justice Inyang Edem Ekwo that the counter affidavit of police had just been served on him and that he required time to read it and legally respond to it.
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Ekpu requested a brief adjournment from Justice Ekwo so he could respond appropriately to the rebuttal affidavit.
In his decision, Justice Ekwo approved the request and set January 19, 2023, for the lawsuit’s hearing.
The Incorporated Trustees of the Center for Reform and Public Advocacy brought the IGP before the court over his claimed failure to bring charges against the APC presidential candidate for allegedly making false statements.
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