Justice Binta Murtala Nyako of a Federal High Court sitting in Abuja has granted an exparte application seeking the leave to bring an application for an Order of Mandamus to compel the Inspector-General of Police to arrest and prosecute Senator Andy Uba over allegation of certificate forgery.
A civil society organisation, Anti-Corruption and Integrity Forum, through their lawyer, Amobi Nzelu, in suit number FHC/ABJ/CS/175/2018 dragged the IGP and the Attorney-General of the Federation and Minister of Justice before the court, asking it to order the arrest of the senator.
In an order signed by Justice Nyako and dated March 8, 2018, the court said, “That leave is granted to the applicant to apply for the issuance of an order of mandamus compelling the 1st respondent to arrest, investigate and commence criminal proceedings in respect of forgery charges involving Senator Emmanuel Nnamdi also known as Andy Uba upon which a letter was written to the 1st respondent dated 12th February, 2018, urging him to exercise his power under Section 4 of the Police Act and other relevant laws.
“That leave is granted to the applicant to apply for the issuance of an order of mandamus compelling the 2nd respondent to arrest investigate and commence criminal proceedings in respect of forgery charges involving Senator Nnamdi Uba also known as Andy Uba, upon which a letter was written to the 2nd respondent dated 12th February, 2018 urging him to exercise his powers under Section 174 (1) of the 1999 Constitution of the Federal Republic of Nigeria as amended”.
In the order, the judge asked the plaintiff to put the defendants on notice and adjourned the case to 26th March, 2018.
In the affidavit in support of the motion on notice, deposed to by Ikechukwu Godswill Nwaozichi, the deponent said on April 24th, 2017, the law firm of Anthony Agbolahor wrote a letter to the IGP oon behalf of Chief Victor Uwajeh, regarding the alleged fake West African. Examination Council Certificate of the senator.
He also said based on the letter, the IGP directed the office of the DIG in charge of criminal Intelligence and Investigation department to investigate the matter.
He said based on the directive, the office of the DIG wrote a letter to the Registrar of WAEC to confirm the authenticity of the certificate.
“That the West African Examination Council responded to the said letter wherein it stated clearly that the certificate was not issued from their office. The said response from West African examination Council is attached and marked exhibit D.
“That based on the said response from the Registrar of the West African Examination Council, the Deputy Inspector General of Police Criminal Intelligence and Investigation Department, through the office of the Senate President, requesting Senator Emmanuel Nnammdi Uba also known as Andy Uba to see him for interview on the 31st of August 2017. The said letter is attached and marked exhibit E.
“That the said interview never held due to the intervening circumstances arising from the letter written by the 1st respondent to the Deputy Inspector General of Police Force Criminal Intelligence and Investigating Department on the matter”.
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