Photo: Tinubu
Court grants petitioners’ prayers seeking Tinubu’s trial for alleged perjury
A Federal High Court in Abuja on Thursday granted the request of a civil rights organization, seeking the prosecution of Sen Bola Tinubu, the All Progressives Congress, APC 2023 presidential candidate, over alleged perjury.
The rights group, Center for Reform and Public Advocacy, had filed an application before the court seeking for an Order of Mandamus, to compel the Inspector General of Police (IGP) to prosecute the APC presidential candidate.
Delivering ruling in the ex-parte application argued by the lawyer to the group, Ugo Nwofor, Justice Inyang Ekwo granted the leave for the order to prosecute Tinubu for the alleged offence.
The Judge in a brief ruling held that the ex-parte application was meritorious and granted it.
The group had filed the application following the IGP’s alleged refusal to effect the arrest and prosecution of Tinubu for supplying false information in respect of his educational qualifications..
The alleged offence is tantamount to perjury and would disqualify Tinubu from contesting the 2023 presidential election and make him liable for imprisonment, if he is found guilty.
The applicants counsel had while moving his application contended that the suit was predicated on the Federal High Court rules, which mandated that the applicants must first obtain the leave of the Court before proceeding with a suit seeking an order to compel the IGP to carry out his constitutional duties.
Justice Ekwo then fixed November 1 for the hearing of the substantive suit.
The substantive suit, ,which is marked: FHC/ABJ/CS/1058/2022, was filed on July 4, joined the Nigerian Police Force and the IGP as 1st and 2nd respondents respectfully.
According to the group, the suit is necessitated by the respondents’ refusal to take action on its petition against Tinubu over an offence for which he was indicted by the Lagos State House of Assembly in 1999 when he was the governor of the state.
“By virtue of 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 brought to their notice by individuals, person or persons, corporate bodies, institutions etc”.
“Consequently, the applicant 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.
“This is in respect of the alleged crime laid out in the complaint of the applicant as encapsulated in the letter of June 16, 2022 received by the respondents on the same date .
“It is entitled: 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,” Nwofor argued.
According to the applicants, by Section 31 of the Nigerian Police Act, the respondents are duty bound to investigate alleged crime brought to them and report their findings to the Attorney General of the Federation or of a state, as the case may be, for legal advice.
They contended that by virtue of 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 applicants further claimed that they had the legal competence to invoke the jurisdiction of the court to compel the respondents to discharge their legal, constitutional and public duties in line with the law.
The group also averred that its two letters dated June 16 and 27 to the respondents wherein it demanded the prosecution of Tinubu over alleged perjury had been ignored to date, adding that the respondents had not notified it of any action taken on the said letters
“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 .
“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) it was satisfied that the statement of the governor’s educational qualification which he has admitted were incorrect were not intended,” the group added.
The rights group had in its petition to the IGP claimed that Tinubu lied on oath in his form CF 001, which he submitted to INEC in aid of his qualification for the governorship election in Lagos State in 1999.
It also alleged 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,” the rights group had urged the IGP in the petition.
