*Asks court for an order of mandamus against IGP
A civil advocacy group, the Incorporated Trustees of Advocacy for Societal Rights Advancement and Development Initiative (ASRADI), has asked the Inspector General of Police for urgent investigation and prosecution of the President-elect, Asiwaju Bola Tinubu before the May 29 swearing-in over alleged perjury arising from his possession of a Guinean Passport.
The group on Tuesday approached the Federal High Court Abuja seeking an order of mandamus compelling the IGP to investigate the fillings made by Bola Ahmed Tinubu in respect of his Guinean citizenship contained in INEC Form EC9 sworn to by him on June 14, 2022 .
The position of the group was contained in an ‘Affidavit of Urgency’ in support of a motion exparte filed before the Federal High Court, Abuja, seeking the court’s permission to apply for an order compelling the Inspector General (IG) of Police to investigate and recommend Tinubu for prosecution if found guilty of perjury regarding his Guinean citizenship.
ASRADI in the motion exparte with number FHC/ABJ/CS/669/2023 and filed on Tuesday, May 16, 2023, is claiming that the president-elect lied on oath when he refused to give information regarding his Guinean citizenship in his Form EC9 submitted to the Independent National Electoral Commission (INEC) in aide of his qualification for the 2023 presidential election.
It is the case of the plaintiff that applicant that, “The non-disclosure by Bola Ahmed Tinubu in the INEC Form EC9 of his dual citizenship of his voluntary acquisition of the citizenship of Guinea amounts to Perjury”.
While stating that they “only became aware of the perjury committed by Bola Ahmed Tinubu on April 16, 2023” from an online publication, the group pointed out that its request on the police to investigate the matter has not yielded result hence, the resort for the court’s intervention.
Amongst the exhibits attached in support of the application is the group’s letter to the IG dated May 8 and signed by the Executive Director, Mr Adeolu Oyinlola.
The letter with the title: Demand for Investigation of Bola Ahmed Tinubu for Suspected Perjury, read in part, “At page three (3) of the affidavit in support of personal particulars Form EC9 which Ahmed Tinubu filled and submitted to the Independent National Electoral Commission (INEC) preparatory to contesting for President on February 25, 2023, he declared on oath in answer to question eleven (11) that he has not voluntarily acquired citizenship of any other country.
“However, it has now come to light that subject has indeed voluntarily acquired citizenship of Guinea”.
While stating that there is no other name for deliberate falsehood supply under oath in a sworn affidavit but forgery, Oyinlola therefore demanded that “a thorough investigation of this allegation, and subsequent prosecution of suspect within seven (7) days of the receipt of this correspondence.
“An image of the biodata page of the Guinean Passport in question, as well as certified true copy of INEC Form EC9 is attached to aid investigation”, the letter added.
The Executive Director however stated that ASRADI has neither received a reply to its letter nor is aware that the police has commenced investigation of Tinubu in respect of the alleged perjury committed with regards to his Form EC9 in respect of his Guinean citizenship.
“The respondent had willfully refused to investigate and / or prosecute Bola Ahmed Tinubu for the offence of perjury where he is found culpable”, the applicant stated.
Adding that, “By the actions/ inactions of the respondent in respect of the request for investigation made by the applicant to the respondent, Bola Ahmed Tinubu is walking free without answering to his past deeds.
“It is in the public interest that the respondent investigates the said claims contained in the INEC Form EC9 sworn to by Bola Ahmed Tinubu on June 14, 2022 regarding his citizenship.
“The respondent has no justification for refusing to investigate Bola Ahmed Tinubu for the alleged offence of perjury.
ASRADI through its lawyer, Mr Chukwunweike Okafor, therefore prayed the court for an order granting leave to the applicant to bring an application for an order of judicial review to seek the reliefs set out in the statement attached to the application.
The reliefs include a declaration that by virtue of the provisions of Section 215(1)(a) and 2 of the Constitution and Sections 31 and 32 of the Nigeria Police Act, 2020, the respondent is under both constitutional and statutory obligation to investigate Tinubu for the offence of perjury contained in the INEC Form EC9 sworn to by him on June 14, 2022 regarding his Guinean citizenship.
“An order of mandamus compelling the respondent to investigate the fillings made by Bola Ahmed Tinubu in respect of his Guinean citizenship contained in INEC Form EC9 sworn to by him on June 14, 2022 and where he is found culpable of the offence of perjury, refer him to the Attorney General of the Federation for prosecution”.
Oyinlola in the Affidavit of Urgency prayed that, “this application should be heard and determined before the swearing -in of Bola Ahmed Tinubu as the President of the Federal Republic of Nigeria on May 29, 2023”.
He also urged the court to “compel the respondent to investigate and prosecute Bola Ahmed Tinubu for the offence of perjury before May 29, 2023 which is the date of the swearing -in of Bola Ahmed Tinubu as the President of the Federal Republic of Nigeria”.
The suit is yet to be assigned to a judge for hearing.