Petition to IGP Urges Reopening of Gani Fawehinmi Criminal Allegations Case Against Bola Tinubu; Lagos State Govt Declines FOI Request To Disclose Alpha Beta Payments

Bola Ahmed Tinubu and Babatunde Fashola

By SaharaReporters, New York

A medical doctor, Adegbola Dominic of Santa Maria Hospital in Lagos, has requested the Inspector General of Police (IGP) to constitute a unit of the force to re-open, commence, take over or conclude the 1999 into the 1999criminal allegations against Chief Bola Ahmed Tinubu, with the objective of prosecuting the former governor if need be.
In a letter dated November 1, 2012, Dr. Dominic, an indigene of Lagos State, recalled that in September 1999 when Mr. Bola Ahmed Tinubu was the Governor of Lagos State, the late Chief Gani Fawehinmi lodged criminal complaints were made against him, seeking to investigate the criminal allegations of falsification of statement/declaration and documents/certificates.
“You would also recall that The Supreme Court held that although you could investigate the Governor who then enjoyed immunity under Section 308 of the Constitution, 1999, you could not prosecute him in view of the express Constitutional Governor’s Immunity provisions of Section 308 – That `no Civil or Criminal proceedings shall be instituted or continued against a person to whom this Section applies during his period of Office’.”
 The letter says that the Action Congress of Nigeria chief  left office as Governor in 2007, losing the constitutional immunity in the process, but that those serious criminal allegations, which are more serious than those for which Salisu Buhari, a former Speaker of the House of Representatives was investing, have not been investigated.
Indeed, said the complaint, “since the demise of Chief Gani Fawehinmi, your office seems to have fallen asleep over the matter,” over serious criminal allegations that should not to be swept under the carpet.
He said his request is based mainly on the duties responsibilities and obligations of the IGP as provided for under the Constitution and Section 4 of the Police Act Cap 359, 1990 Laws of the Federation which says:
“The police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged, and shall perform such military duties within or without Nigeria as may be required by them or under the authority of this or any other Act”.
Further pointing out that the IGP would be in violation of the specific provisions of the Constitution and the Police Act if he fails, refuses or neglects to grant his request within 14 days, Dr. Dominic warned that he would initiate legal proceedings against him.
Copies of the letter were sent to the President, in his capacity as the Chairman of the Nigeria Police Council, and the Minister for Police Affairs.
 In an earlier petition, dated October 24, 2012, Dr. Dominic sought from the Commissioner for Finance of Lagos State, under the Freedom of Information Act (2011), detailed information about the contractual relationship between the Government of Lagos State and Alpha Beta Consulting Ltd since 1999, under which the latter has collected taxes on behalf of the government for a commission of 15 per cent per month since that time.
It noted that the Government of Lagos State now boasts internally-generated revenues (IGR) of about N40 billion every month, “translating into a commission of N6 Billion due to and being paid to the Company every month, which sum I consider unfavourable and outrageous to me as a tax payer and Citizen of Lagos State,” the complaint said.
Under that arrangement, Alpha Beta Consulting, which is owned by former Governor Tinubu, will in 2012 alone corner about N72 billion of the revenues of the internally-generated tax revenue of Lagos State.
It was copied to the Board of Lagos State Internal Revenue Service, The Auditor-General, the Special Adviser, Taxation & Revenue and the Attorney-General of Lagos State.
In a response dated November 5, 2012, OlanrewajuAkinsola, Special Senior Assistant to the Governor (Justice Sector Reforms) in the Office of the Attorney-General and Commissioner for Justice, rejected the application, saying that the FOI is only federal legislation that is not binding on the States.