A Federal High Court sitting in Lagos, yesterday, dismissed the suit seeking to compel the Inspector-General of Police to commence investigation into the alleged certificate forgery case, started in 1999 by late Chief Gani Fawehinmi, against former governor of Lagos State, Asiwaju Ahmed Tinubu.
Ruling on an application by Dr. Adegbola Dominic, a medical doctor and Lagos resident, Justice Saliu Saidu held that by Order 34 Rule 4 of the Federal High Court Civil Procedure Rule, the applicant failed to satisfy the mandatory requirement that such an application must be filed within three months of the detection of the alleged fraudulent action.
The judge said since the application was not brought within the stipulated time, as mandated by the rules of the court, it was bound to fail.
Citing series of authorities in support of his ruling, Justice Saidu held that the applicant went to sleep since 2007 when the toga of immunity could no longer shield Tinubu, and suddenly came up to exercise his right, now that the matter was statue barred.
He said: “There is need to comply with stipulated rules of the court. This matter is grossly out of time and prayer sought cannot be granted.”
His complaint was in respect of the contents contained in the Independent National Electoral Commission Form F001 and affidavit concerning lost certificate, allegedly sworn to by Tinubu during the governorship elections.
In a 15-paragraph affidavit of verifying facts, the applicant deposed that Tinubu claimed to have attended St. Paul’s School, Aroloya, Lagos, and that he also allegedly claimed to have attended Government College, Ibadan, between 1965 and 1968, a claim which the authorities and Old Boys Association of Government College, Ibadan, were said to have described as untrue.
