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.