On Thursday, an Abuja Federal High Court approved the lawsuit brought by Civil Group, Incorporated Trustees of Center for Reform and Public Advocacy to request a mandamus order compelling the Inspector General of Police (IGP) to bring Bola Tinubu, the APC’s presidential candidate, to justice for alleged perjury.
In accordance with Sections 31 and 32 of the Police Act and Section 3 of the Criminal Justice Act of 2015, Justice Inyang Ekwo granted the Civil Society Organization’s (CSO) request to file charges against the APC flag-bearer in response to a claim that he lied under oath by providing false information about his educational background.
In a decision on an ex-parte application submitted by the group, who presented their case through their attorney, Mr. Ugo Nwofor, Justice Inyang Eden Ekwo granted the leave.
Following the alleged failure of the Inspector General of Police, Mr. Usman Alkali Baba, to carry out the arrest and prosecution of Tinubu, the group filed the ex-parte application.
When presenting the application, Nwofor informed Justice Ekwo that it was based on the Federal High Court’s ruling that a lawsuit seeking an order compelling the Police Chief to fulfill his constitutional obligations must first receive the court’s permission.
The Nigerian Police Force and the Inspector General of Police are the first and second respondents, respectively, in the group’s main lawsuit, which was dated and filed on July 4.
In a succinct decision, Justice Ekwo determined that the ex-parte motion was meritorious and granted it, setting the hearing date for the main matter for November 1.
The Non-Governmental Organization stated that the IGP’s denial to act on its petition against Tinubu about an offense it claimed the presidential candidate was indicted for by the Lagos State House of Assembly in 1999 prompted the legal action against the police.
The applicant maintained that by Sections 214 and 215, of the Constitution 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”.
Consequently, the applicant in the suit marked: FHC/ABJ/CS/1058/2022, is asking 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 Criminal Justice Act, 2015 in respect of alleged crime laid out in complaint of the applicant encapsulated in the letter of June 16, 2022 received by the respondents on the same date and 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”.
According to the applicant, the respondents are required by Section 31 of the Nigerian Police Act to look into any reported crimes and then submit their findings for legal counsel to the Attorney General of the Federation or of the relevant state.
Applicant added 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 applicant asserted that it has the authority to use the court’s jurisdiction to compel the respondents to carry out their legal, constitutional, and public obligations in accordance with the law.
It expressed regret that its two letters to the respondents, dated June 16 and 27, in which it urged that Tinubu be prosecuted for suspected perjury, had been ignored up until this point. It said that the respondents “have not notified the applicant of any action taken on the said letter.”
The applicant claims that after receiving a letter from the late legal luminary Chief Gani Fawehinmi in 1999, the Lagos State House of Assembly established an Ad-hoc Committee to look into the alleged act of perjury, and the Committee said on page 13 of its report that, “However, on 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 applicant stated in its plea to the IGP that Tinubu had lied under oath in his form CF 001, which he had given to INEC to help him qualify for the Lagos State governorship election in 1999.
Applicant further claimed that Tinubu “forged all the educational certificates he listed in his INEC Form CF 001 which he admitted he did not posses in annexure C”.
”For purpose of clarity, Senator Bola Ahmed Tinubu in the said INEC Form deposed on oath that he attended Government College, Ibadan and University of Chicago, USA when in actual fact he did not.
“On the strength of the above, we respectfully demand that you initiate the criminal proceedings of Senator Bola Ahmed Tinubu consequent upon the express findings of the Lagos State House of Assembly as captured above”.
