A legal practitioner, Ojo Ayodele has filed a counter-petition addressed to the Inspector-General of Police (IGP) against a petition giving him (IGP) an ultimatum to arrest and initiate criminal prosecution against All Progressives Congress (APC) presidential candidate, Bola Ahmed Tinubu, for allegedly presenting falsified credentials to secure the party’s ticket.
The counter-petition was in response to the Centre for Reform and Public Advocacy’s(CRPA) 48-hour ultimatum issued on Saturday through its Legal Adviser and human rights lawyer, Agu Kalu, threatening court action against the IGP should he fail to arrest and prosecute Tinubu.
The civil rights organization threatened to institute an order of mandamus to compel the IGP to effect the arrest and prosecution of Tinubu at the expiration of the ultimatum.
In the counter-petition issued on Monday, Ayodele holds that the CRPA has no locus standi under the nation’s constitution to pursue its petition, describing same as malicious and a mere academic exercise.
The petition reads in parts: “That our client has been in political struggle for the benefit of all Nigerians generally as far back as during the days of NADECO and the military juntas/oppression, propaganda and military dictatorship.
“We could recall, in the 1990s when the ex-head of state was trying to eliminate so many prominent Nigerians like Prof. Wole Soyinka, Kokori, Gani Fawehinmi, Kudirat Abiola, Ken Saro Wiwa, Asiwaju Bola Ahmed Tinubu and so many others. So many of them had to go into exile in order to save their lives from the military junta and dictator.
“That it was when our client was in exile, that his house was ransacked/burgled by thieves, miscreants and looters. It was during the looting of his house that his certificates got missing. That he has deposed to an affidavit to that effect which is a statement of fact that will follow him to the graveyard.
“We humbly apply to your office Sir that one can only use counter-affidavit to rebuff any statement of fact. Since there is no such counter-affidavit before your office, we want you to dismiss the petition of this group because it lacks merit.
“That this petition was written by the Centre for Reform and Public Advocacy (CRPA) on 25th June 2022 is malicious and has a political undertone. That this issue of a certificate of our client has been raised in the past by other politicians which have been thrashed out and have become a mere academic exercise.”
The lawyer advised CRPA to approach the court If it has any legal remedy rather than threatening to obtain an order of mandamus against the IGP.
“We want the Inspector General of Police to know that all that they have asked for through your Office is known as malicious prosecution in law and which has robbed your office of its jurisdiction. That we submit with respect Sir, that your office lacks jurisdiction over this matter.
“That Centre for Reform and Public Advocacy (CRPA) lacks locus standi to apply to your office that our client be tried or investigated because our client did not have any business with them. They are busybodies trying to look for cheap popularity since our client is a big fish. That there is no how they can prove that the lost documents of our client have affected them more than other Nigerians,” the counter-petition reads.
However, the petitioner demanded the investigation of CRPA to check whether the association is duly registered and all certificates of their members from primary to secondary schools and tertiary institutions be investigated.
“That none of their members must have at any stage in life deposed to any affidavit for loss of documents or change of name since they have seen it as a crime to do so under the Nigeria Law.
“It is never a crime under the Nigeria Law or common law for our client to depose to an affidavit of loss of documents. The law permits that. That it is one of the principles of law that he who wants to come to equity must come with clean hands and if he is not coming with clean hands he must be ready to do all things.
“That this group -Centre for Reform and Public Advocacy- is not coming with clean hands. That we are battle-ready to raise legions of lawyers to defend our client and the Yoruba race. We humbly apply that the petition Centre for Reform and Public Advocacy’s petition against our client be dismissed because it lacks merit and they don’t have a locus standi in law to do so.”
