Certificate forgery: Court dismisses case seeking to compel IG to investigate Tinubu
Ruling on a fresh application brought before
the court by Dr. Adegbola Dominic, a medical doctor and Lagos resident, Justice
Saliu Saidu held that by Order 34 Rule 4 of the Federal High Court Civil
Procedure Rule, the applicant failed to satisfy the mandatory requirement that such
an application must be filed before the court within three months the alleged
fraudulent action was detected.
According to the judge since the
application was not brought within the stipulated time as mandated by the rules
of the court, it was bound to hit the rock.
Citing series of Supreme Court decisions
earlier held in support of his ruling, Justice Saidu held that the applicant
went to sleep since 2007 when the toga of immunity could no longer shield
Tinubu, and suddenly came up to exercise his right, now that the matter is
statue barred.
“There is need to comply with stipulated
rules of the court. This matter is
grossly out of time and prayer sought cannot be granted,” the judge held.
The Applicant had sought for the court
order mandating/directing the Inspector General of Police to constitute a panel
of the Nigeria Police Force to re-open the case, commence or take over and
conclude the investigation of the criminal complaint of false statement on oath
and false declarations initially lodged by Chief Fawehinmi in 1999 and
re-lodged by the applicant against Tinubu.
His complaint was in respect of the contents
contained in the Independent National Electoral Commission, INEC, Form F001 and
affidavit concerning lost Certificate allegedly sworn to by Tinubu during the
election that gave him the governorship ticket.
In a 15-paragraph affidavit of verifying
facts, the applicant deposed that Tinubu claimed to have attended St. Paul’s
School, Aroloya, Lagos which school never existed; he also allegedly claimed to
have attended Government College, Ibadan between 1965 and 1968, a claim which
the authorities and Old Boys Association of Government College, Ibadan debunked
as false.
Other areas of complaint by the applicant
include, the alleged claim in the INEC form in which the former governor
deposed that he attended Richard Daley College, Chicago between 1969 and 1971
which he did not; as well as the claim that he attended the University of
Chicago in the US between 1972 and 1976 and obtained a B.Sc degree in Economics
from the same University which claim is not true and false.
The Applicant further deposed that when
eventually Chief Fawehinmi initiated a suit in court in 1999 for an order
of mandamus to compel the respondent s to investigate the said criminal
allegations the high court, the Court of Appeal and the Supreme court held that
Tinubu, then as governor of Lagos State by virtue of Section 380(1)(a)(b)(c)of
the 1999 Constitution of the Federal Republic of Nigeria enjoyed immunity from
civil and criminal investigations and proceedings.
“That Mr. Tinubu has left office
as governor of Lagos State since 2007, being no longer enjoying the said constitutional
immunity the respondents ought to have commenced investigations into the said
criminal allegations and possible prosecution but the respondents have since
not taken any further steps in the matter,” the applicant averred.
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