The All Progressives Congress (APC) in Lagos State has urged the Federal High Court in the state to order the Police to probe forgery and perjury allegations made against Peoples Democratic Party (PDP) candidate in the December 5 Lagos East senatorial bye-election, Babatunde Gbadamosi.
The APC is seeking the order through a motion ex-parte application filed by its lawyer, Kayode Enitan (SAN) against the Inspector-General of Police (IGP) and Gbadamosi.
The ruling party is asking for an order granting leave for the it to apply for the issuance of a Writ of Mandamus to compel the IGP “to discharge its public duty to investigate Gbadamosi for the allegations of forgery, perjury, fraud and failure to participate in the one-year mandatory National youth Service Corp (NYSC) programme.
APC is also praying the court for a declaration that the allegations against Gbadamosi as contained in its November 11 petition to the IGP regarding Gbadamosi’s Form EC9 and CF001 submitted to the Independent and National Electoral Commission (INEC), “are offences under Sections 465, 467 and 117 of the Criminal Code Act 2004 and the NYSC Act for which the 1st Defendant ought to investigate and prosecute the 2nd Defendant.
“A declaration that an order of mandamus ought to be issued in the peculiar circumstances of this suit against the 1st Defendant for the investigation and prosecution of the 2nd Defendant”
The application is supported by a affidavit sworn to by its Assistant Legal Adviser at its Lagos State office, Abimbola Ladigbolu.
Ladigbolu averred in the application that she knew “for a fact that unless this Court intervenes by granting the instant application, the first Defendant (IGP) will not investigate the contents of the petition dated 11th November 2020.
“I know for a fact that the grant of the instant application will serve the interest of justice and the Respondents will not be prejudiced.”
On Monday, the APC had urged the court to disqualify Gbadamosi on the grounds of perjury and falsification of West African Examinations Council (WAEC) certificates in the documents he submitted to INEC.
It alleged that the WAEC certificate Gbadamosi submitted to the INEC, revealed that the PDP candidate sat for only five subjects, but details of Gbadamosi’s result obtained from WAEC’s official website revealed that the PDP candidate sat for eight subjects in which he had F-9 in Bible Knowledge; F-9 in Economics and F-9 in Mathematics, among others.
No date has been fixed for hearing of that application as it has not been assigned to a judge.