A Lagos High Court in Ikeja on Friday dismissed a suit by a Lagos-based lawyer, Mr. Festus Keyamo, seeking the prosecution of the Comptroller-General of Nigerian Customs, Alhaji Mohammed Dikko, for certificate forgery.
Keyamo had requested the court to grant an order of mandamus, compelling the Lagos State Directorate of Public Prosecution to prosecute Dikko for the alleged offence.
Keyamo had alleged that Dikko forged two certificates purportedly issued by the Nigerian Institute of Management and the West African Examination Council.
However, in her judgement, Justice Yetunde Idowu struck out Keyamo’s suit on the grounds that it was premature and lacked sufficient evidence.
Also, the court turned down Keyamo’s prayer asking that he be permitted to initiate criminal proceedings against the Customs boss for the alleged offence in the event that the DPP failed to do so.
Idowu said there was no concrete proof that the DPP and the police were shielding Dikko from prosecution.
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.”
Idowu said Keyamo only produced copies of the said forged results, without confirmation from the purported issuing authorities – NIM and WAEC.
Keyamo, who was represented by Mr. Festus Afeiyodion during the hearing of the suit, accused the DPP of covering up the offence “glaringly committed by Dikko.”
He had stated in an affidavit, “If the respondent was equally sincere and committed to its duty, he would have done a simple letter to the institutions if he desperately wanted to compare notes with the institutions before making his decision.”
Mr. Olajide Oyewole, had in a 50-paragraph affidavit, confessed to helping Dikko to forge the two certificates.
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