The Inspector General of Police, Alkali Baba Usman, has said that the force cannot prosecute Asiwaju Bola Ahmed Tinubu because he has no pending petition or criminal matters with the force.
This is contained in a counter affidavit filed at the Federal High Court in Abuja by Usman’s counsel, Mr. Wisdom Madaki.
Aside from the former Lagos State governor not having a pending petition, Madaki also told the court that he was not a suspect to the Nigeria Police, hence, could not be put on trial.
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In the counter affidavit to a suit instituted by a Civil Group seeking an order of mandamus to compel the IGP to arrest and prosecute Tinubu for perjury and certificate forgery, the Police Chief maintained that Police have no power to prosecute Tinubu without any known offense committed.
He explained that the two petitions it had against Tinubu were on allegations that had been adjudicated upon by the Supreme Court in 2002 in a suit filed by the late human rights activist, Gani Fawehinmi.
The affidavit stated that since the alleged perjury and certificate forgery had been resolved by the apex court, there was no need for the police to reopen the matter.
The IGP reaffirmed that the police did not need any court order to make arrests and prosecute since it derived its powers from the constitution and statutes.
He prayed the court to dismiss the suit brought against him and the Nigeria Police Force for want of merit and jurisdiction.
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 to react to the counter affidavit properly
In a brief ruling, Justice Ekwo granted the request and fixed January 19, 2023, for the hearing of the suit.
