An Ikeja High Court in Lagos on Friday dismissed a suit asking it to compel the Lagos State Directorate of Public Prosecutions (DPP) to prosecute the Comptroller-General of the Nigeria Customs Service, Alhaji Abdullahi Dikko, for alleged certificate forgery.
The News Agency of Nigeria (NAN) reports that the suit was filed by a Lagos-based lawyer, Mr Festus Keyamo, before the court presided over by Justice Yetunde Idowu.
Keyamo had approached the court on Dec. 13, 2011, seeking for an order of mandamus, compelling the Director, Lagos State DPP, to exercise his discretion on whether or not to prosecute the Customs boss.
He alleged that Dikko forged two certificates belonging to the Nigerian Institute of Management (NIM) and the West African Examinations Council (WAEC), and that he was assisted by one Olajide Oyewole.
Idowu, in her judgement held that the order of mandamus being sought by Keyamo was premature and consequently, dismissed the application.
The judge said there was no concrete proof that the Lagos State DPP and the police were shielding Dikko from prosecution because the investigation was still ongoing.
She said: “An order of mandamus ought to be granted when there is no other means of getting justice.
?“The applicant must show that his request to a public officer to perform a statutory duty has been deliberately refused or is being unduly delayed.''
The judge said Keyamo only produced copies of the said results which was not sufficient to establish a prima facie case against the customs boss.
Idowu also faulted his refusal to present Oyewole to the police to provide more information concerning the allegation.
She said: “The police cannot take action on mere allegations and I agree with the respondent (DPP) that the application is premature.
“The applicant should, therefore, provide all the evidence requested by the respondent and have confidence in the judicial process.
“From the foregoing, this application fails and is hereby dismissed.''
Keyamo, had through his lawyer, Mr Festus Afeiyodion, accused the DPP and the police of not doing enough to facilitate the prosecution.
However, the DPP, through the Attorney-General of Lagos State, Mr Ade Ipaye, urged the court to dismiss the application because it was premature and lacked sufficient evidence from material witnesses.
Ipaye had argued that there was no prima facie case established against Dikko that warranted his prosecution, as alleged by Keyamo in a letter forwarded to the DPP on July 19, 2010. (NAN)