On Tuesday, Inspector-General of Police Alkali Baba Usman told the Federal High Court in Abuja that the All Progressive Congress presidential candidate Bola Tinub had no pending petitions or criminal cases anywhere in the country.

According to him, Tinubu is not a suspect in the Nigerian police and therefore cannot stand trial.

The IGP stated these in an affidavit filed by police lawyer Wisdom Emmanuel Madaki.

In counter-evidence to the lawsuit brought against the civil society organization, which seeks a writ of execution to compel the IGP to arrest and prosecute Tinubu for perjury and forgery of certificates, Baba insists that the police have no right to prosecute without any known crime Tinubu.

Despite the affidavit claiming that Tinubu did not file a pending petition with the police, the IGP acknowledged that there were two separate petitions from a civil group, the Center for Reform and Public Advocacy Consolidated Trustee, seeking the arrest and prosecution of Tinubu for perjury and credential forgery related crimes.

However, the IGP explained that the two petitions were based on the Supreme Court ruling on the allegations in 2002 in a lawsuit brought by the late foremost human rights activist Sheikh Gani Fawehinmi.

The affidavit said the police did not need to reopen the case again as the alleged perjury and forged certificates were resolved by the Supreme Court.

In addition, the IGP said the police do not need any court orders to arrest and prosecute, as its powers derive from the constitution and statutes.

The IGP therefore asked the Federal High Court to dismiss the lawsuit brought against him and the Nigerian Police Force for lack of merit and jurisdiction, adding that the plaintiff would not be prejudiced if the suit was dismissed.

Specifically, the IGP contends that the lawsuits over alleged perjury and forgery of certificates are frivolous and vexatious and do not merit the attention of the court.

However, in Tuesday’s lawsuit, the CSO’s lawyer, Eme Kalu Ekpu, told Judge Inyang Ekwo that the police counter-affidavit had just been served on him and he needed time to read it carefully and respond formally.

Ekpu asked Judge Ekwo to allow him a brief adjournment to allow him to respond appropriately to counter-evidence.

In a brief ruling, Judge Ekwo granted the request and a hearing on the lawsuit is scheduled for January 19, 2023.

Co-trustees of the Center for Reform and Public Advocacy have dragged IGP to court for his alleged refusal to indict APC presidential candidate for perjury.

The lawsuit, dated July 4, was filed in Abuja by Mike Nwankwo on behalf of the group, with the Nigerian Police Force and the Commissioner of Police being the first and second defendants respectively.

The NGO said legal action against the police was necessary as the IGP refused to act on its petition against Tinubu, as it claimed the presidential candidate was indicted by the Lagos State Assembly in 1999.

The Applicant maintains that under Sections 214 and 215 of the Constitution and Section 4 of the Nigeria Police Act 2020, the Police have a statutory duty to “prevent, detect and investigate criminal charges, whether made by individuals, individuals or persons, corporate bodies” , institutions, etc.”.

Accordingly, the petitioner in the suit marked: FHC/ABJ/CS/1058/2022 requested the court, “The Execution Order requires the defendant to comply with Sections 31 and 32 of the Police Act and Section 3 of the Criminal Code of Justice Act 2015. , concerning the alleged crimes described in the applicant’s complaint contained in a letter dated June 16, 2022, received by the respondent on the same date, entitled: Senator Bola Ahmed Tinubu under Sections 191, 192 and 463 The requirement for criminal prosecution is based on the findings of the Lagos State Assembly House of Representatives Select Committee, 1999, the Federal Law of Nigeria, Criminal Code, 2004.

The applicants claim that under Section 31 of the Nigeria Police Act, the accused are obliged to investigate the alleged offences brought against them and to report their findings to the Federal or State Attorney General (as the case may be) for legal advice.

The applicant added that, under section 32(1) of the Police Act, “A suspect or accused person suspected of or charged with an offence under an Act of Congress or any other law shall, unless otherwise provided in this Act, apply the provisions of this Act”.

The claimant claimed that it had legal authority to invoke the jurisdiction of the court to compel the respondent to perform its legal, constitutional and public duties in accordance with the law.

It lamented that its letters in two letters to respondents dated June 16 and 27 seeking to prosecute Tinubu for alleged perjury were ignored, adding that respondents also “did not notify applicants of any action taken with respect to said letters. action.”

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