What’s next after U.S release of CTC of Tinubu’s forfeiture of $460, 000 proceeds of Heroine

 

 

Emmanuel Ukudolo l Thursday, November 10, 2022

 

LAGOS, Nigeria – Precisely July 13, 2022,  the fearless investigative journalist, David Hundeyin, now on exile published his classic piece,  Bola Ahmed Tinubu: From Drug Lord to Presidential Candidate in his WestAfricaWeekly.  

Not many trained and practicing journalists who have practiced for decades took him serious. Many just read through the piece and passed it on without daring to peruse copious documents upon which the  report was anchored.

Nevertheless,  he became a hero for the youths and indeed many looking for the head of the Presidential candidate of the All Progressive Congress, APC, Asiwaju Bola Ahmed Tinubu over his alleged involvement in #EndSARS saga, where many youths armed with just the Nigerian flag,  seeking professionalism and a better life for the Nigerian police and social justice were brutally murdered by blood thirsty security men who earn their living from taxes paid  by the same youths and his long standing “I don care” attitude towards the onslaught of Fulani herdsmen, who have killed and maimed thousands of Nigerians and rising up in their defence when PA Fasoranti’s daughter was murdered by alleged Fulani herders, which dovetailed into refusal of Lagos State Government to join the South-West regional security outfit, AMOTEKUN and  his refusal to speak and condemn the negative economic policies of the Muhammadu Buhar’s regime so as not to  jeopardize  his life time ambition to be president of Nigeria.

However, while the tempo seemed to have mellowed after the initial noise, even with many using change.org to inundate government of the United States of America to reopen the case against ABAT,  but nothing seems to happen, thanks to his well assembled spin doctors and it seems the former governor of Lagos State was catching his cruise, campaigning, visiting king makers of the Nigerian polity and shunning television debates, where the masses he seeks to govern if he is elected president of Nigeria would raise questions about state of his health, following the numerous online videos,  the Chicago drug deal, his alleged acquisition of the former plots of land where the Lagos State Polytechnic was situated in Ikosi, where you now have TVC and Max  FM,  his alleged reaping off of Lagos State with his Alfa Betta tax outfit, which allegedly pockets as much as 15 percent from inception out of total taxes collected later downgraded to below 10 percent;  his monopolistic hold on Lagos State and his possibility of making Nigeria a unitary state if he is elected, and his opposition to the amended electoral act which is understood to have returned power to the electorates.

This not withstanding, Tinubu appears to be the most visible on television and in print to take the assessment of Arise TV analyst, Dr. Reuben Abatti. It seems ABAT was having a smooth ride until Tuesday when the United States Department of Justice released the certified true copies, CTC of the drug case involving the Presidential candidate of the ruling APC.

A close perusal at the CTC now in public domain shows citation of the case as case no. 93 c 4483-j- Nordberg United States of America as Plaintiff, while Bola Tinubu et all were the defendants, contrary to insinuation by Festus Keyamo, SAN.  The CTC has the stamp of Thomas G. Bruton, Clerk and Johnny Khuu , Deputy Clerk  U.S District Court, Northern District of Illinois, Eastern Division and dated August 10, 2022.

In this case Magistrate Judge Bucklo ordered that funds in the amount of $460, 000 in the name of Bola Tinubu in account 263226700 held by First Heritage Bank, represent proceeds of narcotics trafficking and is hereby forfeited to the United States.

The court made it very clear that criminal activity  gave rise to the forfeiture. In the indictment which also named Adegboyega Muiz Akande as defendant noted that the defendants as early as 1988 operated organization which distributed white heroin, a controlled substance under Title 21 of the United States Code.

“As is stated more fully in the attached affidavit, this distribution operation was conducted on a large scale and the proceeds of the operation were substantial.  The defendant funds represent proceeds of this operation or property involved in money laundering”, the court ruled.

However, Tinubu’s spin doctors led by Festus Keyamo, SAN are now at work trying to  prove otherwise what has been clearly written in black and white.

However, does this indictment disqualify Bola Ahmed Tinubu, the presidential candidate of the APC from the 2023 presidential race?

The 1999 constitution of the Federal Republic of Nigeria seems to suggest the contrary but section 137(d).

Section 137 of the constitution states the criteria that disqualifies anybody from seeking to be president of Nigeria.

According to the section,  a person shall not be qualified for election to the office of President if (a), he voluntarily  acquired the citizenship of a country other than Nigeria or except in such cases as my be prescribed by the National Assembly, he has made a declaration of allegiance to such other country; or (b) he has been elected to such office at any two previous elections or (c)under the law in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind; or (d) he is under sentence of death imposed by any competent court of law or tribunal in Nigeria or a sentence of imprisonment or FINE for any offence involving dishonesty,  or fraud(by whatever name called ) or for any other offence imposed on him by any court or tribunal or substituted  by a competent authority for any other sentence imposed on him by such a court or tribunal; or (e) within  a period of less than ten years before the date of the election  to the office of President, he has been convicted and sentenced for an offence involving  dishonesty or he has been found guilty of the contravention of the Code of Conduct; or (f)  he is an undischarged bankrupt, having been adjudged  or otherwise declared bankrupt  under any law in force in Nigeria, or any other country, or (g) being a person employed in the civil or public service of the federation or  any state, he has not resigned, withdrawn or retired from the employment at least thirty days before the date of the election, or (h) he is a member of any secrete society, or(i) he  has been indicted for embezzlement or fraud by a Judicial commission of inquiry or an administrative panel of inquiry or a tribunal set up under the Tribunal of Inquiry Act, a Tribunal of Inquiry Law or any other law by the federal or state government which indictment has been accepted by the federal or state government respectively or (J) he has presented a forged certificate to the Independent National Electoral Commission.

(2), where in respect of any person who has been (a) adjudged to be a lunatic(b) declared to be of unsound mind(c) sentenced to death or imprisonment or (d) adjudged or declared bankrupt”.

The question now arises,  does the  $460, 000 Bola Ahmed Tinubu forfeited to the United States as proceeds of heroine trafficking constitute a fine? If it does, our dear ABAT  might just be embarking on an exercise of futility even if he wins the 2023 Presidential election.

But with the Nigerian courts who bow to Tinubu’s well acclaimed statement that every person has a price? Or will they stand tall like their counterparts in Kenya and the Gambia? Only time will tell.