BREAKING: Court Grants Request For Tinubu’s Trial

Federal High Court in Abuja, Thursday, authorized a civil rights group operating under the auspices of Incorporated Trustees of Center for Reform and Public Advocacy.

To request an order of mandamus compelling the Inspector General of Police to bring an investigation into the alleged perjury of All Progressives Congress presidential candidate Asiwaju Bola Ahmed Tinubu.

While rendering a decision on an ex-parte motion argued by the group’s attorney, Ugo Nwofor, Justice Inyang Ekwo granted the leave.

The organization filed the ex-parte application in response to the alleged unwillingness of Usman Alkali Baba, the Inspector General of Police, to arrest and prosecute Tinubu for providing false information under oath regarding his educational credentials.

While presenting the application, Nwofor informed Justice Ekwo that the application was based on the Federal High Court’s decision that a lawsuit seeking an order compelling the police chief to fulfill his constitutional obligations must first be approved by the court.

The judge set November 1 as the date for the substantive lawsuit hearing.

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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.

The CSO said that the police were sued because he refused to act on a petition it had filed against Tinubu for a crime it claimed the candidate for president had been charged with by the Lagos State House of Assembly in 1999.

The applicant argued that Section 4 of the Nigerian Police Act, 2020 and Sections 214 and 215 of the constitution give the police the legal obligation to “prevent, detect, and investigate criminal allegations whether brought to their notice by individuals, person or persons, corporate bodies, institutions, etc.”

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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.

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The applicant continued, “A suspect or defendant alleged or charged with committing an offence established by an Act of the National Assembly or under any other laws shall be arrested, investigated, tried, or dealt with in accordance with the provisions of this Act, except as 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 demanded that Tinubu be prosecuted for alleged perjury, had been ignored up until this point.

It added that the respondents “have not notified the applicant of any action taken on the said letter.”

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According to the applicant, following a letter by late legal luminary, Chief Gani Fawehinmi, 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 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.

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The 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.”