Alkali Baba also told the court that Tinubu had no pending petition and was not a suspect to the Nigeria Police, hence, could not be put on trial.
The explanation was part of the contents of an affidavit filed at the court by his counsel, Wisdom Madaki.
Madaki filed the affidavit in response to a suit instituted by a civil rights group seeking an order of mandamus to compel the police to arrest and prosecute Tinubu for perjury and certificate forgery.
The police chief maintained that the police could not prosecute Tinubu without any known offence committed.
The police explained that the two petitions it had against Tinubu were on allegations that had been adjudicated upon by the Supreme Court in 2002 in a suit filed by the late human rights activist, Gani Fawehinmi.
He prayed the court to dismiss the suit brought against him and the Nigeria Police Force for want of merit and jurisdiction.
In a brief ruling, Justice Inyang Ekwo granted the request and fixed January 19, 2023 for hearing of the suit.
