Tinubu |
Justice Saliu Saidu dismissed the application, filed by one Dr
Dominic Adegbola, seeking to reopen the suit initially instituted by
late Chief Gani Fawehinmi in 1999. Adegbola had sought for an order compelling the IG to commence investigation into the case.
Dismissing the application, the judge held that by Order 34, Rule 4
of the Federal High Court Civil Procedure Rules, the applicant failed to
satisfy the mandatory requirements of the law. He also held that such an application must be filed before the court,
within three months when the alleged fraudulent act was detected.
The judge declared that since the application was not brought within
the stipulated time, as mandated by the rules of court, it was bound to
“hit the rock.” Citing some Supreme Court decisions, Saidu held that the applicant
went to sleep since 2007 when the `toga of immunity’ could no longer
shield Tinubu, and suddenly woke up now that the matter is statute
barred. He held that “There is need to comply with stipulated rules of the court. “This matter is grossly out of time and the prayer sought cannot be granted.”
The applicant had sought for an order directing the IG to reopen and
conclude investigations on the criminal complaint of false statement on
oath, logged against Tinubu. His complaint was in respect of the contents of form F001, of the
Independent National Electoral Commission (INEC), concerning a
certificate allegedly sworn to by Tinubu during the election that won
him the governorship ticket.
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