The Abuja division of the Federal a High Court has granted an order of mandamus application seeking to compel the Attorney-General of the Federation and the Inspector-General of Police to arrest and prosecute Senator Andy Ubah over allegation of certificate forgery.
An Order of Mandamus is an application asking the court to compel certain officials to act on important issues within their jurisdictions.
Justice Binta Nyako granted the exparte application before the court filed by a civil society organisation, Anti-Corruption and Integrity Forum, through their lawyer, Amobi Nzelu.
It, in suit number FHC/ABJ/CS/175/2018, is praying the court to commence criminal proceedings against Senator Ubah for the offence of certificate forgery.
The applicant, a non-governmental organisation designed to fight corruption and other related offences, is praying the court to compel the AGF, IGP to exercise its constitutional powers under S174 (1) of the 1999 Constitution to commence criminal proceedings against the senator.
The court, in granting the order, held that: “That leave is granted to the applicant to apply for the issuance of an order of mandamus compelling the 1st respondent to arrest, investigate and commence criminal proceedings in respect of forgery charges involving Senator Emmanuel Nnamdi Uba aka Andy Uba upon which a letter was written. To the 1st respondent dated February 12, 2018, urging him to exercise his power under Section 4 of the Police act and other relevant laws.
“That leave is granted to the applicant to apply for the issuance of an order of mandamus compelling the 2nd respondent to arrest investigate and commence criminal proceedings in respect of forgery charges involving Senator Nnamdi Uba aka Andy Uba, upon which a letter was written to the 2nd respondent dated February 12, 2018, urging him to exercise his powers under Section 174 (1) of the 1999 Constitution of the Federal Republic of Nigeria as amended.”
Justice Nyako asked the plaintiff to put the defendants on notice and adjourned the case to March 26, 2018, for mention.
In the affidavit in support of the motion on notice, deposed to, by one Ikechukwu Godswill Nwaozichi, the deponent said on April 24, 2017, the law firm of Anthony Agbolahor wrote a letter to the IGP on behalf of Chief Victor Uwajeh, regarding the alleged fake West African Examination Council Certificate of the Senator.
“That the West African Examination Council responded to the said letter wherein it stated clearly that the certificate was not issued from their office. The said response from West African examination Council is attached and marked Exhibit D.
“That based on the said response from the Registrar of the West African Examination Council, the Deputy Inspector General of Police Criminal Intelligence and Investigation Department through the office of the Senate President, requesting Senator Emmanuel Nnammdi Ubah aka Andy Ubah to see him for interview on August 31, 2017. The said letter is attached and marked Exhibit E.
“That the said interview never held due to the intervening circumstances arising from the letter written by the 1st respondent to the Deputy Inspector General of Police force criminal intelligence and investigating department on the matter.”
The exhibits attached to the application which were sighted by our correspondent include the alleged WAEC forged certificate, letter of the police to WAEC to confirm the authenticity of the social certificate with number SC544753 linked to examination number 05465089 and response from WAEC stating that the certificate was not issued by them.
Also attached to the application is a letter from the Deputy Inspector General of Police DIG Dagala inviting Senator Andy Ubah through the Senate president to interview him in his office over the soap allegation on August 24, 2017.