Usman told the Federal High Court in Abuja on Tuesday that no petition against Tinubu had been filed with the security agency.

He went on to say that Tinubu cannot be tried because he is not a suspect.

In an affidavit filed at the Federal High Court in Abuja by a counsel, Wisdom Emmanuel Madaki, the police revealed the reasons why they cannot prosecute Tinubu.

In response to a suit filed by a Civil Group seeking an order of mandamus compelling him to arrest and prosecute Tinubu for perjury and certificate forgery, the IGP stated that the police do not have the authority to prosecute Tinubu because no crime has been committed.

Although the affidavit stated that Tinubu has no pending petitions with the police, the IGP admitted to having two separate petitions from a Civil Group, Incorporated Trustees of Center for Reform and Public Advocacy requesting Tinubu’s arrest and prosecution for alleged perjury and certificate forgery related offences.

The IGP explained that the two petitions were predicated on allegations that had been adjudicated upon by Supreme Court in 2002 in a suit filed by the late foremost human rights activist, Chief Gani Fawehinmi.

The affidavit averred that since the alleged perjury and certificate forgery had been resolved by the Supreme Court, there was no need for police to reopen the matter again.

Besides, the IGP said the police do not need any court order to make arrests and prosecute since it derives its powers from the Constitution and statutes.

IGP asked the Federal High Court to dismiss the suit brought against him and the Nigeria Police Force for want of merit and jurisdiction adding that the plaintiff will not be prejudiced if the suit is dismissed.

The Police boss asserted that the suit on the alleged perjury and certificate forgery is frivolous and vexatious and deserves no attention from the Court.

At the hearing on Tuesday, counsel for the Civil group, Eme Kalu Ekpu, told Justice Inyang Edem Ekwo that the police counter-affidavit had just been served on him and that he needed time to read it and respond to it formally.

Ekpu requested a brief adjournment to allow him to properly respond to the counter-affidavit.

In his ruling, Justice Ekwo granted the request and set the hearing date for January 19, 2023.

The Incorporated Trustees of the Center for Reform and Public Advocacy took the IGP to court over his alleged refusal to prosecute the APC presidential candidate on perjury charges.