The Nigeria Police disclosed on Tuesday that the two petitions bordering on allegations of perjury and certificate forgery against the presidential candidate of the All Progressive Congress, (APC) Bola Ahmed Tinubu, had been adjudicated upon by Supreme Court in 2002 in a suit filed the late foremost human rights activist, Chief Gani Fawehinmi.
The Police therefore, claimed that the APC) candidate, has no pending petition or criminal matters with Police in anywhere in the country.
Inspector General of Police, Alkali Baba Usman also clarified that Tinubu is not a suspect to the Nigeria Police, hence, cannot be put on trial.
These were contained in a counter affidavit to a suit filed by a Civil Society Group, seeking order to compel the IGP to prosecute Tinubu for perjury and certificate forgery, filed at the Federal High Court in Abuja by a counsel, Wisdom Emmanuel Madaki.
IGP insisted that Police have no power to prosecute Tinubu without any known offence committed.
He, 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 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 that police does not need any court order to make arrest 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 of 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 hearing of the suit.
The Incorporated Trustees of 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.
The suit dated and filed on July 4 on behalf of the group in Abuja by Mike Nwankwo, has the Nigerian Police Force and the Inspector General of Police as 1st and 2nd respondents.
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