Hottestgistnaija.com
1st November, 2012
The Inspector General of Police,
Nigeria Police Force,
Force Headquarters,
Louis Edet House,
Abuja.
The Commissioner of Police, Lagos State,
State Police Headquarters,
Oduduwa Street,
Ikeja, Lagos State.
Dear Sir,
DEMAND TO CONSTITUTE A UNIT/PANEL OF THE POLICE FORCE TO RE-OPEN THE CASE, COMMENCE OR TAKE OVER AND CONCLUDE THE INVESTIGATION OF THE CRIMINAL ALLEGATIONS MADE AGAINST MR. BOLA AHMED TINUBU THE FORMER GOVERNOR OF LAGOS STATE, THE SUBJECT MATTER OF THE CASE OF CHIEF GANI FAWEHINMI AND INSPECTOR GENERAL OF POLICE
I am a citizen of Nigeria and indigene of Lagos State with the requisite locus standi to make the request as indicated above and stated hereunder.
You would recall that sometime in 1999 when Mr. Bola Ahmed Tinubu was the Governor of Lagos State, Criminal Complaints were made against him in a letter dated 21st September, 1999 by Chief Gani Fawehinmi to investigate the said criminal allegations of falsification of statement/declaration and documents/certificates.
You would also recall that The Supreme Court held that although you could investigate the Governor who then enjoyed immunity under Section 308 of the Constitution, 1999, you could not prosecute him in view of the express Constitutional Governor’s Immunity provisions of Section 308 – That `no Civil or Criminal proceedings shall be instituted or continued against a person to whom this Section applies during his period of Office`.
Sir, Mr., now Asiwaju, Bola Ahmed Tinubu left office as Governor since 2007, no longer enjoying the said immunity, but since then nothing in respect of those serious criminal allegations has been done, allegations which are more serious than those for which a former Speaker of the House of Representatives Salisu Buhari was investigated, prosecuted and convicted.
And Sir, since the demise of Chief Gani Fawehinmi, your office seems to have fallen asleep over the matter but Sir, these are very serious criminal allegations which ought not to be swept under the carpet.
As a Citizen of the Federal Republic of Nigeria, it is my duty to, and I hereby, request that you shall constitute a unit of the force to re-open the case, commence or take over conclude the investigations into the said criminal allegations against Chief Bola Ahmed Tinubu and if need be commence the prosecution of the said Bola Ahmed Tinubu.
Sir, this request of mine is hinged mainly on your duties, responsibilities and obligations as provided for under the Constitution and Section 4 of the Police Act Cap 359, 1990 Laws of the Federation which provides as follows:
4. The police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged, and shall perform such military duties within or without Nigeria as may be required by them or under the authority of this or any other
Act”.
You shall therefore be violently violating the specific provisions of the Constitution and the Police Act if you fail, refuse or neglect to grant my humble request.
A copy of this request is being sent to the President of the Federal Republic of Nigeria who also serves as the Chairman of the Nigeria Police Council as well as the minister for Police Affairs.
Please TAKE NOTICE that if my request is not granted within 14days from the date of receipt of my request letter, I shall be initiating proceedings in Court to have you compelled to grant my request by applying for Mandamus to issue against you.
Sir, the learned Author of deSmith’s Judicial Review of Administration Action writes at page 540: “Mandamus” lies to secure the performance of a public duty, in the performance of which the applicant has a sufficient legal interest. The application must show that he has demand performance of the duty and that performance has been refused by the authority obliged to discharge it”.
Counting on your co-operation.
Yours faithfully,
Dr. Adegbola Dominic
cc.
The President of the Federal Republic of Nigeria, Aso Rock Presidential Villa,
Abuja.
The Minister for Police Affairs,
The Ministry, Abuja
