defended police investigation into the alleged forgery of the
Senate Standing Orders 2015, in a preliminary objection
opposing a suit filed by the Enugu East senator in the
National Assembly, Mr. Gilbert Nnaji, which asked the
Federal High Court in Abuja to restrain the police and the
Attorney-General of the Federation from taking any further
step on the allegation.
Nnaji filed the suit asking the court to stop the police
investigation on the grounds that it
“is inspired by a devious petition by the Secretary of the
Unity Forum Senators, solely aimed at unjustly incriminating
the Deputy President of the Senate, Ike Ekweremadu.”
The office of the Attorney-General of the Federation, the
second defendant to the suit, has also filed a similar notice
of preliminary objection, asking the court to strike out the
suit, which it said ought to have been instituted by
Ekweremadu, if the police investigation was really meant to
unjustly incriminate him.
In the preliminary objection filed by the counsel for the
Inspector General of Police, Mr. Oloye Torugbene, the police
asked the court to strike out the senator’s suit because the
plaintiff lacked the legal right to institute the suit.
The police added that the forgery allegation raised “issues of
criminality” and “not simply an issue on the floor” of the
Senate.
They added that no Nigerian had immunity against
investigation and that investigating alleged forgery could not
amount to undue interference in the affairs of the Senate.
A counter-affidavit accompanying the preliminary objection
and deposed to by an officer in the Legal/Prosecution
Section of the Force Criminal Investigation Department in
Abuja, Joshua Yohanna, stated, “Every Nigerian can be
investigated for crime. There is no immunity against
investigation in all civilised countries, Nigeria inclusive.
“Investigating the allegation of forgery can only strengthen
the integrity of the Senate and the Senate leadership.”
The police urged the judge to strike out the suit because
the plaintiff had not demonstrated that he had “special
interest that is beyond that of every other senator.”
They insisted that they had a duty to investigate allegations
of crimes and that their “duty will be impeded” if the court
granted the prayers sought by the plaintiff.
The counter-affidavit also read:
“The first defendant (the Inspector-General of Police) has a
duty and responsibility to investigate all allegations of crime;
to determine whether allegations of forgery are made out;
who committed the said forgery; and if there is a forgery at
all, in the first place.
“Investigating the allegations and determining the culpability
or otherwise of the alleged culprits will lead to a just
conclusion of the matter.
“Non-investigation of the allegations will engender mistrust
amongst the disputing sides.
“The matter at hand is not simply an issue on the floor.
“The matter at hand raises issues of criminality.
“The first defendant (the Inspector-General of Police) owes
Nigerians the duty to unearth the truth behind the allegations
of forgery.”
The police maintained that the IGP had never taken side on
the issue and would remain neutral.
“The first defendant is neutral in this matter. “The first
defendant has not taken sides, will not take sides and does
not take sides on issues of this nature at all.”
Justice Gabriel Kolawole fixed September 8th for the hearing
of an application filed by another Senator Suleiman Hunkuyi
seeking to be joined as a defendant in the suit.
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