Justice Saliu Saidu, in a ruling, dismissed the application on the grounds that the applicant failed to satisfy the mandatory requirement that such application must be filed within three months of the alleged fraudulent action was detected.
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A Federal High Court, Lagos on Tuesday dismissed an application seeking an order to direct Inspector General of Police to investigate the Action Congress of Nigeria’s National Leader, Bola Tinubu, for false declaration of certificate.
Dr. Adegbola Dominic, a medical doctor, had filed the application for judicial review, to open the allegation of false declaration of certificate levelled against Tinubu by the late Chief Gani Fawehinmi (SAN).
Justice Saliu Saidu, in a ruling, dismissed the application on the grounds that the applicant failed to satisfy the mandatory requirement that such application must be filed within three months of the alleged fraudulent action was detected.
Saidu ruled that the application did not meet the requirements as stipulated in Order 34 Rule 4 of the Federal High Court Civil Procedure Rule, the statue upon which the application was filed.
He said the applicant “went to sleep” since 2007 when the immunity clause in the constitution could no longer shield Tinubu.
According to him, the applicant suddenly came up to exercise his rights six years after the matter is statue barred. “There is need to comply with stipulated rules of the court. This matter is grossly out of time and prayer sought cannot be granted,” the judge held.
The applicant had sought for the court order mandating/directing the Inspector General of Police to constitute a panel of the Nigeria Police Force to re-open the case, commence or take over and conclude the investigation of the criminal complaint.
(Punch.ng)
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