The Inspector-General of Police has been sued by a civil rights organization, Incorporated Trustees of Center for Reform and Public Advocacy, for reportedly refusing to bring charges against Bola Tinubu, the APC's presidential candidate, on claims that verge on perjury.
The Nigerian Police Force and the IGP are named as the first and second respondents in the lawsuit, which was dated and filed on July 4 in Abuja on behalf of the organization.
The CSO said that the IGP's purported unwillingness to act on its petition against Tinubu regarding an offense it claimed the presidential candidate was indicted by the Lagos State House of Assembly in 1999 justified the legal action against the police.
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."
As a result, the applicant in the case with the filing number 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 to an alleged crime set forth in the applicant's complaint contained in the letter dated June 16, 2022, which the respondents received on the same date.
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, in response to the 1999 Ad-hoc Committee Report of the Lagos State House of Assembly findings, was the title of the complaint.
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.
According to Section 32(1) of the Police Act, which was cited by the organization, "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,"
Okonkwo 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.
The plaintiff complained that the respondents ignored its two letters, dated June 16 and 27, in which it demanded that Tinubu be prosecuted for alleged perjury. The plaintiff added that the respondents "have not notified the applicant of any action taken on the said letter."
The applicant claims that the Lagos State House of Assembly formed an Ad-hoc Committee to investigate the alleged act of perjury in 1999 after receiving a letter from the late legal luminary Chief Gani Fawehinmi. The Committee's report, which was published on page 13, stated 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...
The applicant stated in its appeal to the IG 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.
Further allegations made by the petitioner were that Tinubu "forged all the educational certificates he indicated in his INEC Form CF 001, which he admitted he did not possess in annexure C."
For the sake of clarity, Senator Bola Ahmed Tinubu falsely claimed to have attended the University of Chicago in the United States and Government College in Ibadan on the aforementioned INEC Form.
"Based on the foregoing, we sincerely request that you begin the criminal proceedings against Senator Bola Ahmed Tinubu as a result of the stated conclusions of the Lagos State House of Assembly as reflected above."
The hearing date for the new lawsuit has not yet been set.
