The Inspector General of Police (IGP), Alikali Baba Usman on Tuesday told the Federal High Court sitting in Abuja, why the police, under his watch, did not go after the All Progressive Congress, (APC)Presidential candidate, Senator Bola Ahmed Tinubu.
He stated this via an affidavit filed by it’s counsel, Wisdom Emmanuel Madaki.
The IGP told the Court that Tinubu has no pending petition or criminal matters with Police anywhere in the country.
Specifically, he noted that the suit on the alleged perjury and certificate forgery is frivolous and vexatious and deserves no attention of the Court.
A civil group had in an instituted counter affidavit seek order of mandamus to compel the IGP to arrest and prosecute Tinubu for perjury and certificate forgery.
But the Police Chief maintained that it has no power to prosecute Tinubu without any known offence committed.
Although the affidavit claimed that Tinubu has no pending petition before the police, 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 IGP further explained that the two petitions were predicated on allegations that had been adjudicated upon by Supreme Court in 2002 in a suit filed by the late foremost human rights activist, Chief Gani Fawehinmi.
The affidavit maintained 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 the police does not need any court order to make arrest and prosecute since it derives it’s powers from the Constitution and statutes.
He 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.
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.