Our Reporter
The incorporated trustees of the Human Rights Writers Association has filed an instant ex parte motion application seeking an order of the Federal High Court, Abuja, for the Secretary to Ogun State Government, Tokunbo Talabi and his alleged company, Superflux International Ltd to be prosecuted for alleged Fraud.
PLATFORM TIMES gathered that the Federal High Court of Nigeria in the Abuja Judicial Division is set to review an ex-parte motion application filed by the HURIWA asking the court to compel respondents ; the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), and the Code of Conduct Bureau (CCB) and the Attorney-General to prosecute Talabi and Superflux for alleged criminal offences.
The applicant seeks an order of Mandamus directing Talabi and Superflux’s prosecution for the alleged offenses of abuse of office and fraudulent printing of counterfeit ballot papers used to compromise the Ogun State Governorship election held on March 18, 2023.
The Applicant’s counsel, Prof. Mike Ozekhome, SAN, argued that despite the statutory powers vested in the Respondents, they have not taken action to bring the case to court.
The Applicant contends that such inaction amounts to a failure in their public duty, which calls for the issuance of a prerogative writ of Mandamus.
The legal team cited precedents emphasizing the nature of Mandamus as a tool to secure or enforce the performance of a public duty.
The Applicant urges the court to grant the reliefs sought in the application.
The court is expected to consider the application on the basis of the argument presented and the provisions of the Federal High Court Civil Procedure Rules 2019, which require leave of court before a judicial review application can be heard.
The decision in this case could have significant implications for the prosecution of electoral offenders in Nigeria, shedding light on the court’s role in ensuring public duties are carried out effectively.
PLATFORM TIMES gathered that the HURIWA through its counsel,Mike Ozekhome on Friday sought the court order granting it leave to apply for judicial review to seek an order of Mandamus directing and or compelling the the respondents to prosecute Talabi and his alleged company for the offences of alleged abuse of office and fraudulently printing counterfeit ballot papers .
The applicant in th motion ex parte application supported by affidavit, obtained by PLATFORM TIMES, claimed that Talabi and his alleged company were used to compromise and undermine the Ogun State Governorship election held on 18th March, 2023, pursuant to section 15 of the 1999 Constitution of the Federal
HURIWA added that it had ” discovered that one Chief Tokunbo Talabi who is the Chief Executive Officer (CEO) of Superflux International Ltd and also the Secretary to the Government of Ogun State was contracted by the Independent National Electoral Commission (INEC) to print ballot papers for the conduct of the 2023 election.
“The said Chief Tokunbo Talabi who is the Chief Executive Officer of Superflux International Ltd, using his position as the Secretary to the Government of Ogun State, fraudulently engaged in the printing of excess Ballot Papers which were later used to compromise and undermine the Ogun State Governorship election held on 18th day of March, 2023.
” The action of the said Chief Tokunbo Talabi and Superflux International Ltd constitute financial crimes, fraud and electoral offences under the relevant laws of the Federation.
“The Respondents are public officers who have the statutory duty to investigate and prosecute any individual or corporate body suspected to have committed an offence.
“The law enjoins a duty to be performed by a public officer and that officer neglects to carry out such a duty, then an aggrieved person has a right to seek for an order of mandamus to compel that public officer to carry out such duty. See ODUNSI & ORS V. ODUNSI (1979) LPELR-2246(SC),
“The Respondents have a statutory obligation to investigate and prosecute the said Chief Tokunbo Talabi and Superflux International Ltd for the alleged crimes.
“The Applicant has written a letter of demand to the Respondents demanding that the said Chief Tokunbo Talabi and Superflux International Ltd be investigated and possibly prosecuted for the alleged crimes. But the Respondents have refused to prosecute the alleged offenders despite the demand of the Applicant.
“The Applicant’s right to bring the instant application crystallized following the Respondents’ failure and/or refusal to comply with the demands contained in the Applicant’s Solicitor’s letters of 31” July, 2023 to the Respondents, which requested the Respondents to investigate and possibly prosecuted the said the Chief Tokunbo Talabi and Superflux International Ltd for the alleged crimes.
“The Applicant’s only remedy in the circumstance, is to approach this honourable court to compel the Respondents to perform their statutory duty of investigating and possibly prosecuting the said the Chief Tokunbo Talabi and Superflux International Ltd for the alleged crimes.
“The action of the said Chief Tokunbo Talabi and Superflux International Ltd constitute financial crimes, fraud and electoral offences under the relevant laws of the Federation.
“The Respondents are public officers who have the statutory duty to investigate and prosecute any individual or corporate body suspected to have committed an offence.
” The law enjoins a duty to be performed by a public officer and that officer neglects to carry out such a duty, then an aggrieved person has a right to seek for an order of mandamus to compel that public officer to carry out such duty. See ODUNSI & ORS V. ODUNSI (1979) LPELR-2246(SC).
“The Respondents have a statutory obligation to investigate and prosecute the said Chief Tokunbo Talabi and Superflux International Ltd for the alleged crimes.
“The Applicant has written letter of demand to the Respondents demanding that the said Chief Tokunbo Talabi and Superflux International Ltd be investigated and possibly prosecuted for the alleged crimes. But the Respondents have refused to prosecute the alleged offenders despite the demand of the Applicant.
“The Applicant’s right to bring the instant application crystallized following the Respondents’ failure and/or refusal to comply with the demands contained in the Applicant’s Solicitor’s letters of 31st July, 2023 to the Respondents, which requested the Respondents to investigate and possibly prosecuted the said the Chief Tokunbo Talabi and Superflux International Ltd for the alleged crimes.
“Order 34 of the Federal High Court (Civil) Procedure Rules, 2019, allows the instant application for judicial review.
” The Applicant’s only remedy in the circumstance, is to approach this honourable court to compel the Respondents to perform their statutory duty of investigating and possibly prosecuting the Chief Tokunbo Talabi and Superflux International Ltd for the alleged crimes.”
The applicant said Talabi and Superflux needed to be prosecuted for the offences of abuse of office and fraudulently printing counterfeit ballot papers which were used to compromise and undermine the Ogun State Governorship election held on 18th March, 2023, pursuant to section 15 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended), Order
“An order of Mandamus is directed to an individual, body, tribunal or inferior court requiring the performance of some specified thing in the nature of a public duty pertaining to his office. The performance of the duty need not involve a judicial function.
“Mandamus is an order issued by a court of law, usually the High Court, to compel the performance of a public duty in which the person applying for same has sufficient legal interest. An order of Mandamus only issues to a person or corporation, requiring him or them to do some particular thing therein specified which pertains to his or their office, and is in the nature of public duty…
“Although the issue of mandamus is a discretionary remedy, courts of justice must always bear in mind that the principal purpose of its issue is to remedy defects in justice…
“As argued above, it is a settled principle of law that where a statute creates an obligation that is mandatory in form and nature, the authority upon which the obligation is imbued has no discretion as to whether to perform such duty or not.
“My Lord, we respectfully submit that considering the whole facts of this case and the refusal, neglect and failure of the Respondents to prosecute the case reported to them, by virtue of their statutory powers and obligations, there is presumed, a serious defect in justice which can only be remedied if the order of Mandamus to remedy the situation is granted.
“The provisions of Order 34 of the rules of the Federal High Court Civil Procedure Rules 2019 expressly provide for the need to seek the leave of this honourable court before an application for judicial review is made.
“it is a matter of high constitutional principle that if there is any good ground for supposing that government department or public authority is transgressing the law, or is about to transgress it, in anyway which offends or injures thousands of the citizens, then anyone or those offended or injured can draw it to the attention of the courts of law and seek to have the law enforced and the courts in their discretion can grant whatever remedy is appropriate. (pp. 574, pars. F-G; 600-601, paras. H-A)”.
“Furthermore, and as stated in paragraph 4(w) of the supporting affidavit, the Applicant, through its lawyer, had written the Respondents to prosecute the matter reported to it, but despite the petition of the Applicant and interface with the Respondents, the Respondents have neglected to prosecute the matter reported to them. In this regard, the Applicant attached and relied on exhibits A, B &C, being copies of the petition written to the Respondents. Please see also AG, KADUNA STATE V. HASSAN (1985) NWLR (Pt. 8).
“We therefore urge Your Lordship to grant the prayers of the Applicant by granting it leave to bring the said application.
“On the basis of the above humble submission and the express provisions of the rules of this honourable court requiring leave of court before the hearing of an application for judicial review, the Applicant urges this honourable court to….
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