A federal High Court sitting in Ikoyi on Tuesday directed the Inspector-General of Police (IGP), Mr. Mohammed Adamu to prosecute the candidate of Peoples Democratic Party (PDP) for the December 5 by-election in Lagos East, Mr. Babatunde Gbadamosi for alleged forgery and perjury.
The presiding judge, Justice Chukwujekwu Aneke gave the order on Tuesday following a motion filed by the All Progressives Congress (APC), Lagos State, asking the court to compel the IGP to investigate and prosecute Gbadamosi.
Before the order was granted on Tuesday, counsel to the APC, Mr. Olukayode Enitan (SAN) told the court that he had filled motion exparte, affidavit in support, the statement in support, verifying affidavit and written address as part of conditions to grant his application.
In addition to these court processes, the counsel added that he had equally filed exhibits in support of the affidavit and further affidavit already filed before the court
The counsel, also, argued that all the conditions necessary for the grant of the application had been fulfilled, thereby requesting the court to grant the motion.
After listening to the argument of the counsel, the presiding judge agreed with learned Silk and consequently granted the application while he adjourned the hearing of the originating summons for Mandamus till January 28.
In Suit No: FHC/L/CS/1661/2020, the APC had applied for the issuance of a prerogative Writ of Mandamus to compel the IG to discharge his public duty to investigate the PDP candidate for allegations of forgery, perjury, fraud and failure to participate in the mandatory national youth service.
Pursuant to Order 34 Rules 1 and 3 of the Federal High Court (Civil Procedures) Rules, 2019, the APC had, through its counsel, filed an application asking the court to investigate and prosecute Gbadamosi.
It had argued that the allegations “are offences under the provisions of Sections 465, 467 and 117 of the Criminal Code Act, 2004 and the National Youth Service Corps (Amendment) Act, which according to the party, placed duty upon the IG to investigate and prosecute the PDP candidate.”
