The Inspector General of Police ( IGP),Alkali Baba Usman has said that the police cannot arrest and prosecute the presidential candidate of the All Progressives Congress APC,Bola Ahmed Tinubu over certificate forgery because he is not a suspect
The IGP, in an affidavit filed at the Federal High Court in Abuja by his counsel, Wisdom Emmanuel Madaki while reacting to a suit filed by a Civil Group seeking an order of mandamus to compel him to arrest and prosecute Tinubu said the police have no power to prosecute Tinubu without any known offence commission.
He said although the APC candidate has no pending petition,yet there are 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 explaining that the two petitions were predicated on allegations that had been adjudicated upon by the Supreme Court in 2002 in a suit filed by Chief Gani Fawehinmi, the late rights lawyer.
The affidavit averred 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.
The IGP said given the situation, the police do not need any court order to make arrests and prosecute since it derives its powers from the Constitution and statutes.
He 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.
The IGP asserted that the suit on the alleged perjury and certificate forgery is frivolous and vexatious and deserves no attention from the Court.
At the hearing on Tuesday,counsel to the Civil group, 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 to react to the counter affidavit properly.
In his ruling,Justice Ekwo granted the request and fixed January 19, 2023, for the hearing of the suit.
The group had sued the IGP over his alleged refusal to prosecute the presidential candidate of the APC over allegations bothering on perjury
