PETERSON OROJE l Tuesday, April 11, 2023
ABUJA, Nigeria- After several months of denials by the All Progressive Congress(APC) through their image makers,Messrs Festus Keyamo, SAN, former Managing Director of PM News, Bayo Onanuga, former Minister of Aviation, Femi Fani-Kayode and former Commissioner for Information and Strategy, Dele Alake, the party today admitted in court that its candidate, now President-elect, Asiwaju Bola Ahmed Tinubu forfeited the sum of USD 460,000 to the government of the United States, being proceeds of narcotic.
Counsels to the party who spoke at the hearing of the Presidential Election Tribunal sitting at the Court of Appeal in Abuja, stated the Tinubu merely surrendered funds in 10 bank accounts that were opened in either his name or that of Compass Finance and Investment Co domiciled in both First Heritage Bank and Citi Bank N. A, which the party said were subject to a “civil forfeiture proceeding” in Case No: 93C4483.
APC noted that the United State District Court Northern District of Illinois, Eastern division in the said case, was not a fine but a decree of forfeiture of the amount of $460,000 to the United State pursuant to the settlement of claim by the parties to the case.
“The said decision is not against the 2nd Respondent (Tinubu) but against the funds in the various accounts opened in the name of Tinubu with First Heritage Bank and City Bank N.A.
“The compromise terms that led to the forfeiture were preceded by express admission on record that the 2nd Respondent did not admit the commission of any drug, drug-related or illicit conduct of dishonesty or fraud that fits into any of the grounds of disqualification to contest for office of president of Nigeria at the 25th February, 2023 general election,” APC insisted. The party provided the 10 bank account numbers as 263226700, 39483134, 39483396, 4650279566, 00400220, 39936404, 39936383, 52050-89451952, 52050-89451952 and 52050-89451953.
In his argument, Prince Lateef Fagbemi, SAN, told the court that the Federal Government had as far back as 2003, through the American Consulate in Nigeria, inquired about Tinubu’s criminal record through the Inspector-General of Police, and that it “yielded a clean bill of health that unequivocally and unreservedly cleared 2nd Respondent of any criminal record, interest or association in the United States of America”.
“The formal clearance report dated February 4, 2003, under the hand of Legal attaché to the United States Embassy, Nigeria in response to the inquiry by the Inspector General of Police is hereby pleaded and shall be relied upon for its full effect; particularly the portion in the second paragraph which states-
‘In relation to your letter, dated February 3, 2003, reference number SR.3000 /IGP SEC/ABJ/VOL. 24/287, regarding Governor Bola Ahmed Tinubu, a records check of the Federal Bureau of Investigation‘s (FBI) National Crime Information Center (NCIC) was conducted.
‘The results of the checks were negative for any criminal arrest records, wants, or warrants for Bola Ahmed Tinubu (DOB 29 March. 1952). For information of your department, NCIC is a centralized information center that maintains the records of every arrest and conviction within the United States and its territories.’
The APC further averred that the forfeiture Tinubu made to the US government, having lasted a period of 29 years, was no longer a valid ground to challenge his eligibility to contest the presidential election.
“The Respondent states that, in any event, the impleaded decision of the United States District Court, Northern District of Illinois Eastern Division is not a decision by a competent court of law or tribunal in Nigeria; and same has been falsely, mischievously paraded by 2nd Respondent’s political adversaries like the petitioners, detractors and haters to scandalize, demonize and de-market him to the Nigerian electorate at the 25th February 2023 general election with a view to delegitimizing his well-earned victory at the polls, despite all legitimate and fact-checked denials and rebuttals as exemplified by the official report from the United States affirming his innocence and exonerating him from the touted drug connection and criminal conviction.
“The Respondent states further that in any event, the said decree of forfeiture was made by Judge John A Nordberg in the said Case No: 93C4483 on the 4th day of October 1993, a period of 29 years before the 25th day of February 2023 when the said presidential election was duly conducted by the 1st Respondent.
The party posited that the “disqualification factors as stipulated by the Constitution only conceives of a conviction sentence or fine involving dishonesty or fraud or contravention of the Code of Conduct as found by a Court of the law of competent jurisdiction or Tribunal in Nigeria,” it added.
The APC urged the court to strike out the suit against Tinubu, noting that Mr. Peter Obi of the Labour Party, who alleged that Tinubu was convicted for a drug-related case, lacked the requisite locus standi to challenge the outcome of the presidential election
Insisting that Obi was not validly nominated by the LP, the APC.
According to APC, Obi was not a member of the party, at least 30 days before it conducted its presidential primary election. It told the court that Obi was a member of the Peoples Democratic Party, PDP, till May 24 2022, adding that he was screened as a presidential aspirant of the party in April, 2022.
APC further averred that whereas Obi joined the LP on May 27, he was subsequently declared the winner of the presidential primary election the LP held on May 30, 2022.
According to the party, “By section 77(3) of the Electoral Act, 2022, the 2nd Petitioner (LP) is mandated to have submitted its comprehensive register of members to the 1st Respondent 30 days before its presidential primary.
“That is to say the said register of members must have been submitted to the 1st Respondent on or before 30th April, 2022.
