A Lagos-based lawyer, Mr Festus Keyamo, has accused the Police of allegedly shielding the Comptroller-General of the Nigeria Customs Service, Alhaji Abdullahi Dikko, from being prosecuted for alleged forgery.
He also accused the Lagos State Directorate of Public Prosecution (DPP) of not doing enough to facilitate the prosecution.
Keyamo made the allegation on Wednesday in a further-affidavit he filed at an Ikeja High Court in Lagos.
Keyamo had approached the court on Dec. 13, 2011, seeking for an order of mandamus, compelling the Director of DPP to exercise his discretion on whether or not to prosecute the custom’s boss.
He alleged that Dikko forged two certificates belonging to the Nigerian Institute of Management (NIM) and the West African Examination Council (WAEC) and that he was assisted by one Olajide Oyewole.
Moving the motion during Wednesday’s proceedings, Keyamo’s representative, Mr Festus Afeiyodion, claimed that both the police and the DPP were stalling the prosecution.
Afeiyodion said: “The police is neither interested in investigating Mr Dikko nor prosecuting him. They don’t want to do their job.
“The Police, rather than verify the authenticity of Mr Dikko’s certificates by writing to WAEC and NIM, has turned around to investigate the complainants,’’ he told the court.
He also accused the DPP of not doing enough to prosecute Dikko, particularly by claiming that no prima facie case has been established against him.
“The job of determining whether there is a prima facie case or not, is that of the court and not that of a public officer.
“We have brought before this court, evidence strong enough to convict, if it is not contradicted,” Afeiyodion added.
However, DPP’s lawyer, Mr Olarenwaju Akinsola, urged the court to dismiss the application because it was premature and lacked sufficient evidence from material witnesses.
He argued that contrary to the submissions of Keyamo, the DPP had initiated actions to investigate the information, as forwarded to it on July 19, 2010.
“The law states that an offence must have been committed before the law officer can act.
“We have taken actions, but what we are saying is that until we have the facts, we are constrained,” Akinsola said.
According to him, the DPP had requested the police to investigate the matter, so that it (DPP) could take necessary steps.
He claimed that the police was yet to conclude its investigation and that it was premature for Keyamo to seek for an order of mandamus.
Justice Yetunde Idowu fixed Feb. 27 for ruling on the application.
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