Justice Inyang Ekwo of the Federal High Court in Abuja, on Thursday, okayed a mandamus request, seeking to compel the Inspector-General of Police (IGP), Usman Baba, to begin a perjury trial against the presidential candidate of the All Progressive Congress (APC), Asiwaju Bola Tinubu.
A Civil Society Organization (CSO), the Incorporated Trustees of Centre for Reform and Public Advocacy, has filed the legal action and named the Nigeria Police Force and the Inspector General of Police (IGP) as co-defendants to the suit .
Lawyer to the Incorporated Trustees, Mr Ugo Nwofor, had argued the ex-parte application before the court.
Moving the application, Nwofor informed Justice Ekwo that the matter is predicated on the rule of the Federal High Court to first obtain permission of the court before proceeding with a suit seeking an order to compel the IGP to carry out his constitutional duties
In his ruling on the ex-parte application by the Incorporated Trustees, Justice Ekwo granted the group’s request to apply for an order of mandamus, compelling the IGP to prefer charges against Tinubu for allegedly lied on oath.
Justice Ekwo further held that the suit by the Incorporated Trustees is in order and meritorious.
In the suit marked FHC/ABJ/CS/1058/2022 and filed on July 4, the Incorporated Trustees claimed that Tinubu lied under oath when he tendered his credentials to the Independent National Electoral Commission (INEC) in 1999 while contesting the Lagos governorship seat at the time.
The group also claimed that the IGP is empowered by the constitution and police act to probe criminal allegations levelled against anyone.
Incorporated Trustees had prayed 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 Administration of Criminal Justice Act (ACJA), 2015 in respect of alleged crime laid out in complaint of the applicant in the letter of June 16, 2022, received by the respondents on the same date.
The complaint is titled: Demand for Criminal Prosecution of Senator Bola Ahmed Tinubu under Sections 191, 192 and 463 of the Criminal Code Act, Law of the Federation of Nigeria, 2004, consequent upon the findings of the Lagos State House of Assembly ad hoc Committee, 1999″.
Incorporated Trustees also stated that in line with section 32(1) of the Police Act, any suspect is meant to be arrested and tried in court.
It added that it was compelled to file the suit on the grounds that its two letters dated June 16 and 27 to the IGP where it called for the prosecution of Tinubu were allegedly ignored.
It also claimed that by virtue of Sections 214 and 215 of the 1999 Constitution (as amended) and 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”.
The CSO further claimed that by Section 31 of the Nigerian Police Act, the police and the IGP 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 group also argued 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”.
The CSO claimed it had the legal competence to invoke the jurisdiction of the court to compel the police and the IGP to discharge their legal, constitutional and public duties in line with the law.
The group also claimed that, “ following a letter by a legal luminary, the late Chief Gani Fawehinmi (SAN) 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 the 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…”
The case has been adjourned till November 1 for the hearing of the substantive suit.
