A Lagos lawyer, Mr. Festus Keyamo, Tuesday approached the Court of Appeal in Lagos to challenge the judgement of Justice Yetunde Idowu of a Lagos High Court stopping his move to prosecute the Comptroller General of Customs, Alhaji Mohammed Dikko Inde, over alleged certificate forgery.
Keyamo in the notice of appeal wants the appellate court to hold that Justice Idowu erred when she struck out the case on the ground that the police is still investigating the matter.
Keyamo also wants the Court of Appeal to hold that the trial court erred in law when it held that he ought to produce Mr. Olajide Oyewole who claimed to have assisted Dikko in the alleged certificate forgery to the police in order to obtain written statement from him.
According to Keyamo, Oyewole had already deposed to an affidavit of facts on September 1, 2009, sworn to at the High Court Registry, Ikeja, graphically stating the names, time and his involvement in the alleged crime.
He said the statement on oath of Oyewole which was submitted to the police and also formed undiluted evidence before the court below was never contradicted by the police and Dikko.
Keyamo added that there is no law that mandates the complainant to write a statement at the police station before police can commence investigation of the accused person.
According to him, “The police never invited Alhaji Abdulahi Inde Dikko, to contradict or admit the criminal allegation against him. The police is obligated to commence investigation on mere suspicion of the commission of a crime.”
Keyamo therefore wants an order setting aside the Order made by Justice Idowu. He also wants an order allowing or permitting him to prosecute Dikko without further recourse to the respondent.
Justice Idowu had stopped Keyamo from prosecuting Dikko over alleged certificate forgery.
The judge struck out the suit filed by Keyamo, seeking to compel the Lagos State Director of Public Prosecution (DPP) to prosecute the customs boss for alleged forgery of some educational certificates.
Justice Idowu in her judgment, said she agreed with the arguments canvassed by the Attorney General of Lagos State, Mr. Ade Ipaye, that the application filed by the lawyer was premature and lack substance.
The Custom boss was accused of forging certificates belonging to the Nigerian Institute of Management and the West African Examination Council (WAEC) on the basis of which he had built his career.
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