The Nigeria Police Force claims that the All Progressives Congress presidential candidate, Bola Tinubu, has no pending petitions or criminal matters with the police that would warrant his arrest and investigation.
This is contained in a counter-affidavit filed by the Inspector-General of Police, Baba Usman’s counsel, Mr. Wisdom Madaki, at the Federal High Court in Abuja.
Madaki also told the court that the former Lagos State governor had no pending petitions and was not a suspect in the eyes of the Nigeria Police, so he could not be tried.
The Police Chief maintained in a counter-affidavit to a suit filed by a civic group seeking an order of mandamus compelling the IGP to arrest and prosecute Tinubu for perjury and certificate forgery that the police had no power to prosecute Tinubu without any known offence committed.
He explained that the two petitions it had against Tinubu were based on allegations decided by the Supreme Court in a suit filed by the late human rights activist, Gani Fawehinmi, in 2002.
According to the affidavit, the police did not need to reopen the case because the alleged perjury and certificate forgery had been resolved by the Supreme Court.
According to the IGP, the police do not need a court order to make arrests and prosecute because their powers are derived from the constitution and statutes.
He requested that the suit brought against him and the Nigeria Police Force be dismissed for lack of merit and jurisdiction.
During Tuesday’s proceedings, however, counsel for the civic group, Mr Eme Kalu Ekpu, informed Justice Inyang Edem Ekwo that the police counter-affidavit had just been served on him and that he needed time to read it and respond to it formally.
Ekpu requested that Justice Ekwo grant him a brief adjournment so that he could properly respond to the counter-affidavit.