The Inspector General of Police, Usman Alkali Baba, has told a Federal High Court Abuja that the presidential candidate of the All Progressive Congress, Ahmed Tinubu, has no pending petition or criminal matters with the police anywhere in the country.
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 reasons why the police did not go after the APC Presidential candidate is contained in an affidavit filed at the Federal High Court in Abuja by a counsel, Wisdom Madaki.
In a counter affidavit to a suit instituted by a Civil Group seeking order of mandamus to compel the IGP to arrest and prosecute Tinubu for perjury and certificate forgery, the IGP maintained that the police have no power to prosecute Tinubu without any known offence committed.
The IGP explained that the two petitions were predicated on allegations that had been adjudicated upon by the Supreme Court in 2002 in a suit filed by the late foremost human rights activist, Chief Gani Fawehinmi.
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The affidavit averred that since the alleged perjury and certificate forgery had been resolved by the Supreme Court, there was no need for the police to reopen the matter.
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.
The IGP is therefore asking 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.
At the day’s proceedings, counsel to the civil group, Mister Eme Ekpu told Justice Inyang Edem Ekwo that the counter affidavit of police had just been served on him and he needs time to go through it and reply formally.
In a brief ruling, Justice Inyang 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.