Ahmed Tinubu, the All Progressive Congress presidential candidate, has no open cases or criminal investigations outstanding with the police anywhere in the nation, according to Inspector General of Police Usman Alkali Baba, who testified before Federal High Court Abuja.
Tinubu is not a suspect in the eyes of the Nigerian Police, the IGP further stated.
A lawyer named Wisdom Madaki filed an affidavit at the Federal High Court in Abuja outlining the reasons why the police did not pursue the APC presidential candidate.
The IGP argued that the police lack the authority to prosecute Tinubu in the absence of any known offense in a counter affidavit filed in response to a lawsuit brought by a Civil Group seeking a mandamus ruling compelling the IGP to arrest and charge Tinubu with perjury and certificate forgery.
However, the IGP acknowledged receiving two separate petitions from a Civil Group, Incorporated Trustees of Center for Reform and Public Advocacy, calling for the detention and prosecution of Tinubu for suspected perjury and associated offenses.
The IGP clarified that the two petitions were based on claims that the Supreme Court had decided upon in 2002 in a case brought by the late Chief Gani Fawehinmi, a leading human rights campaigner.
According to the affidavit, there was no need for the police to restart the case because the Supreme Court had already addressed the allegations of perjury and certificate fabrication.
In addition, the IGP stated that because the Constitution and laws give police their authority, they do not require a court order in order to make arrests or bring charges.
As a result, the IGP is requesting that the Federal High Court dismiss the lawsuit filed against him and the Nigeria Police Force for lack of jurisdiction and lack of substance, adding that the plaintiff will not suffer any harm from the dismissal.
The lawyer representing the Civil group, Mr. Eme Ekpu, informed Justice Inyang Edem Ekwo at the day’s proceedings that the counter affidavit of police had just been served on him and that he needed time to review it and respond formally.
Justice Inyang Ekwo approved the plea in a succinct ruling and set the case’s hearing date for January 19, 2023.
The IGP was brought before the court by the Incorporated Trustees of the Center for Reform and Public Advocacy over his claimed failure to bring charges against the APC presidential candidate for allegedly perjuring himself.