Consequently, the applicant in the suit marked, 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 of alleged crime laid out in complaint of the applicant encapsulated in the letter of June 16, 2022, received by the respondents on the same date and titled, ‘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’.
The applicant claimed that by Section 31 of the Nigeria 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.
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Applicant added that by 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”.
Applicant claimed it has 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.
He lamented that its two letters dated June 16 and 27 to the respondents wherein he demanded the prosecution of Tinubu over alleged perjury have been ignored, adding that respondents also “have not notified the applicant of any action taken on the said letter”.
But in a counter affidavit to a suit filed by a civil group seeking order of mandamus to compel the IGP to arrest and prosecute Tinubu for perjury and certificate forgery, the IGP said the police have no power to prosecute Tinubu without any known offence committed.JAMB Result
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