The Inspector General of Police (IGP), Alkali Baba Usman on
Tuesday told a Federal High Court in Abuja that the Presidential candidate of
the All Progressives Congress (APC), Senator Bola Ahmed Tinubu has no pending
petition or criminal matters with Police in anywhere in the country.
The Police Chief also clarified on Tuesday that Tinubu is
not a suspect to the Nigeria Police, hence, cannot be put on trial.
The reasons why police did not go after the APC Presidential
candidate were contained in an affidavit filed at the Federal High Court in
Abuja by a counsel, Wisdom Emmanuel Madaki.
In a counter affidavit to a suit instituted by a Civil Group
seeking an order of mandamus to compel the IGP to arrest and prosecute Tinubu
for perjury and certificate forgery, the Police Chief maintained that Police
have no power to prosecute Tinubu without any known offence committed.
Although the affidavit claimed that Tinubu has no pending
petition before the police, the IGP, however, admitted having two different
petitions from a Civil Group, Incorporated Trustees of Center for Reform and
Public Advocacy requesting for arrest and prosecution of Tinubu for alleged
perjury and certificate forgery related offences.
The IGP explained that the two petitions were predicated on
allegations that had been adjudicated upon by Supreme Court in 2002 in a suit
filed by the late foremost human rights activist, Chief Gani Fawehinmi.
The affidavit averred that since the alleged perjury and
certificate forgery had been resolved by the Supreme Court, there was no need
for police to reopen the matter again.
Besides, the IGP said the police do not need any court order
to make arrests and prosecute since it derives its powers from the Constitution
and statutes.
IGP, therefore, asked the Federal High Court to dismiss the
suit brought against him and the Nigeria Police Force for want of merit and
jurisdiction adding that the plaintiff will not be prejudiced if the suit is
dismissed.
Specifically, the IGP asserted that the suit on the alleged
perjury and certificate forgery is frivolous and vexatious and deserves no
attention from the Court.
However, at Tuesday’s proceedings, counsel to the Civil
group, Mr Eme Kalu Ekpu told Justice Inyang Edem Ekwo that the counter
affidavit of police had just been served on him and that he needed time to
peruse it and reply to it formally.
Ekpu asked Justice Ekwo to grant him a short adjournment to
enable him react to the counter affidavit properly.
In a brief ruling, Justice Ekwo granted the request and
fixed January 19, 2023, for the hearing of the suit.
The Incorporated Trustees of the Center for Reform and
Public Advocacy had dragged the IGP before the Court over his alleged refusal
to prosecute the presidential candidate of the APC over allegations bothering
on perjury.
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