Justice Saliu Saidu dismissed the application, filed by one Dr Dominic Adegbola, seeking to reopen the suit initially instituted by late Chief Gani Fawehinmi in 1999.
Adegbola had sought for an order compelling the IGP to commence investigation into the alleged certificate forgery case.
Dismissing the application, the judge held that by Order 34, Rule 4 of the Federal High Court Civil Procedure Rules, the applicant failed to satisfy the mandatory requirements of the law.
He also held that such an application must be filed before the court, within three months when the alleged fraudulent act was detected.
According to the judge, since the application was not brought within the stipulated time, as mandated by the rules of court, it was bound to “hit the rock”.
Citing some Supreme Court decisions, Saidu held that the applicant went to sleep since 2007 when the `toga of immunity’ could no longer shield Tinubu, and suddenly woke up now that the matter is statute barred.
“There is need to comply with stipulated rules of the court.
“This matter is grossly out of time and the prayer sought cannot be granted,” the judge held.
The applicant had sought for an order directing the IGP to reopen and conclude investigations on the criminal complaint of false statement on oath, logged against Tinubu.
His complaint was in respect of the contents of form F001, of the Independent National Electoral Commission (INEC), concerning a certificate allegedly sworn to by Tinubu during the election that won him the governorship ticket.
In a 15-paragraph verifying affidavit, the Applicant deposed that Tinubu claimed to have attended St. Paul’s School, Aroloya, Lagos, which school never existed.
He also averred that Tinubu allegedly claimed to have attended Government College, Ibadan between 1965 and 1968, a claim which the authorities and Old Boys Association of Government College, Ibadan debunked as false.
Other areas of complaint by the applicant included the alleged claim of Tinubu in the INEC form, that he attended Richard Daley College, Chicago, between 1969 and 1971, which he also alleged was false.
Adegbola also averred that the claim of Tinubu that he attended the the University of Chicago in the U.S. between 1972 and 1976 and obtained a B.Sc degree in Economics from the same University, was misleading.
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