Lagos lawyer, Festus Keyamo, has appealed the ruling the acquitted the boss of the Nigeria Customs Service, Alhaji Abdulahi Inde Dikko, of certificate forgery.
Keyamo, in a notice of appeal on Tuesday, said he was dissatisfied with the decision of the High Court, holden at Ikeja, Lagos State in the judgement delivered by Hon. Justice O. Y. Idowu on March 23, 2012.
He has thus decided to appeal to the Court of Appeal.
Part of the decisions Keyamo said he disagreed with were that the judge erred when he struck out the case of the Applicant on the ground that the police is still investigating the matter.
He said the applicant petitioned the respondent on July 19, 2010, which is alomost two years now.
He said the police wrote a letter to the National Youth Service Corps and the Nigeria Institute of Management, all in the bid to cross check the educational qualification of the Mr. Olajide Oyewole while it deliberately did not write the same letter to the West African Examination Council and NIM to verify those of Dikko.
On ground two, Keyamo said: “The Learned Judge erred in law when he held that the Applicant ought to produce Mr. Olajide Oyewole to the police in order to obtain written statement from him.
“Mr. Olajide Oyewole had already deposed to Affidavit of Facts on the 1st day of September, 2009, sworn to at the High Court Registry, Ikeja, graphically stating the names, time and his involvement in the alleged crime.
“The Statement on Oath of Olajide Oyewole which was submitted to the police and also formed undiluted evidence before the Court below was never contradicted by the police, Alhaji Abdulahi Inde Dikko or the Respondent.
“There is no law that mandates the Complainant to write a statement at the police station before police can commence investigation of the accused person.
“The police never invited Alhaji Abdulahi Inde Dikko to contradict or admit the criminal allegation against him.
“The police is obligated to commence investigation on mere suspicion of the commission of a crime.”
Keyamo is thus seeking the relief of the court to set aside the order made by Idowu and seeking an order allowing and or permitting the applicant to prosecute Dikko without further recourse to the police and such further order or orders as the court may deem fit to make in the circumstances of this case.