s
Justice
Yetunde Idowu of the Lagos High Court, Ikeja will tomorrow give
judgment in the suit instituted by Festus Keyamo, seeking for an Order
of Mandamus compelling the Attorney-General to initiate criminal
proceeding against the Comptroller General of Customs, Alhaji Abdullahi
Dikko, of an alleged certificate forgery.
In reply to Keyamo’s
application, the Lagos Attorney General (AG), Mr. Ade Ipaye had urged
the court to refuse Keyamo’s application on the ground that it lacks
merit as the applicant has failed to allow the police to investigate the
matter.
He added further that the applicant’s client and the
complainant, Olajide Ibrahim, did not honour the invitation extended to
him by the police to enable them commence investigation into the
allegation raised in the application
The AG asked the court to
strike out paragraphs containing such allegations against the
Directorate, contending that the applicant’s averment in such paragraphs
were conclusions which he said violated the provision of Section 115 of
the Evidence Act that only facts and the description of circumstances
could be stated in an affidavit.
“Having regard to the facts of
this present application, I know for a fact that the respondent is
awaiting the report of investigation in order to decide whether an
offence has been committed as the Applicant’s investigations do not
include the evidence of witnesses who are material to establishing the
case of prosecution.”
Keyamo however in his argument accused the
Lagos State Directorate of Public Prosecutions of covering up an offence
of certificate forgery allegedly committed by the Comptroller General
of Nigerian Custom, Alhaji Abdullahi Dikko.
He urged the court to
reject the DPP’s excuse of lack of sufficient evidence to prosecute
Dikko for the offence, praying the court to grant his prayer contained
in his Motion on Notice, seeking an order of Mandamus to compel the DPP
to prosecute the Customs boss or be allowed to personally do so.
Keyamo
in an affidavit dated January 24, 2012, filed in support of his Motion
on Notice, alleged that if the DPP were to be sincere to its duty, it
would have written a letter to the institutions which purportedly issued
the allegedly forged certificates.
“Contrary to the deposition of
the respondent in paragraph 8 of counter-affidavit, the proof of
evidence directly reveals a prima facie case against Alhaji Abdullahi
Dikko and that the Director of Public Prosecutions is merely covering up
crime glaringly committed by Dikko.
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