Duke may face trial � Court hears suit to compel I-G to probe certificate forgery
Yomi Odunuga and Tobi Soniyi, Abuja
A Federal High Court, Abuja, has granted leave to a petitioner, Mr. Ojoi Ojoi, to apply for an order of mandamus compelling the Inspector-General of Police, Mr. Tafa Balogun, to investigate alleged certificate forgeries by Cross River State Governor, Mr. Donald Duke.
Ojoi, who claimed to be a businessman and politician, had in an ex-parte application filed at the court alleged that his letter, on September 6, requesting Balogun to investigate the alleged certificate forgery by Duke was ignored.
Ruling on Ojoi�s request, Justice Stephen Adah said, �The application shall be by way of motion on notice and must be served on the respondents (IG and the Attorney-General of the Federation) along with copies of all the processes filed.�
The court will on December 3 hear arguments from lawyer to the applicant, Mr. Amobi Nzelu, on why it must compel the IG to investigate the governor.
Both the IG and the Attorney-General of the Federation, Chief Akin Olujimi, are respondents in the matter.
On the same day, the governor�s respondents are expected to argue against the application.
When contacted by our correspondents, Chief Press Secretary to the governor, Mr. Dominic Kidzu, said he was not aware of any such application.
The forgeries said to have been committed by Duke are: � His LLB and BL certificates, his LLM degree from Pennsylvania University; the letter of clearance dated November 16, 1982 purported to have been written from Institute of Administration, Ahmadu Bello University; and his National Youth Service Corps exemption certificate dated October 26, 1991.
Details of the alleged forgeries, were contained in the affidavit sworn to by one Pascal Ngwu, a lawyer in the chambers of Nzelu.
The affidavit reads, �That sometimes in 1999 and 2003, His Excellency Governor of Cross River State, Donald Duke submitted certain documents to INEC for clearance.
�That in the documents submitted to INEC for clearance, Duke who claimed to have graduated from Ahmadu Bello University, Zaira in 1982 did not attach his LLB certificate or his BL certificate from Law School
�That on the 27th day of August 1982, a letter with reference no DL/607 was presented by the authorities of Ahmadu Bello University to the Secretary of Council of Legal Education submitting the names of qualified students for Law School.
�That upon a cursory look at the documents/letter, it is clear that Duke result/certificate was withheld by the Senate of the Ahmadu Bello University because he embezzled students� union funds.
�That on the 6th day of November 1982, a purported letter of clearance was issued to Duke which letter is questionable considering the fact that the Senate of the University never met to consider the case of embezzlement against him.
�That Duke who claimed he was born in 1961, graduated in 1982 and called to the Nigerian Bar in 1983, was still within the age limit to do his National Youth Service Corps, yet he never served.
�That in 1984 Duke claimed to have obtained a Master Degree in Law from the University of Pennsylvania Law School. The purported certificate issued to him was written in a strange language even though Pennsylvania is in America and the language there is English.
�That in 1991, nine years after his purported graduation and eight years after his call to the Nigerian Bar, a purported letter of exemption was issued to Duke exempting him from participating in the NYSC.
�That in February 2004, upon an enquiry as to the genuineness of the said Masters Degree certificate of Duke a letter was purportedly written from the said University of Pennsylvania without any logo on a letter headed paper.
�That strange enough, the said letter purported to have been written from University of Pennsylvania was posted in Sweden.
�That on the 27th day of May 2004 another letter was written from the said University of Pennsylvania titled �TO WHOM WITH MAY CONCERN� now with the logo of the said University concerning one Donald Duke.
�That two petitions, dated the 27th day of April 2003 and 23rd day of April 2004 were written by the Cross River State Concerned Citizens and Citizens for Justice Foundation respectively to the President and Commander-in-Chief of the Federal Republic of Nigeria concerning the alleged forgeries of Governor Duke and copied to the IG.
�That in the said leters referred to above, a call was made for investigation of the alleged forgeries of Duke.
�That on the 6th day of September 2004, the counsel to the Applicant wrote a letter to IG to investigate the alleged forgeries.
�That till date, no response was given to the said letter nor did the IG carry out any investigation.�
