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Why Tinubu forfeited $460,000 to US – APC *Obi’s claim baseless *He’s not LP candidate
Again, the All Progressives Congress, APC, has stated that the $460,000 Asiwaju Ahmed Bola Tinubu forfeited to the US government in 1993, was not the proceeds of heroine trafficking, but a mere civil case arising from financial transaction in the country’s banking system.
The forfeiture of the hefty amount, had formed part of the major legs of the petition launched by Peter Obi, presidential candidate of the Labour Party (LP), in asking the Court of Appeal, sitting as the Presidential Election Petition Tribunal (PEPT), for the February 25 polls default to disqualify Tinubu, who was announced the winner by the Independent National Electoral Commission (INEC).
In its reply to the petition before the court, the APC, explained that Tinubu merely surrendered the funds in 10 bank accounts that were opened in either his name or that of Compass Finance and Investment Co, adding that funds in the said accounts, which were domiciled in both First Heritage Bank and Citi Bank N. A, were subject to a “civil forfeiture proceeding” in Case No: 93C4483.
The purported decision of 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 to the United State pursuant to the settlement of claim by the parties to the case, the APC maintained, adding: “The said decision is not against the 2nd Respondent (Tinubu) but against the funds in the various account opened in the name of Bola 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.”
It listed the 10 account numbers that contained funds that Tinubu forfeited after the settlement of claim by parties involved in the case, as: 263226700, 39483134, 39483396, 4650279566, 00400220, 39936404, 39936383, 52050-89451952, 52050-89451952 and 52050-89451953.
Besides, the APC, through its team of lawyers led by 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.
It said the outcome of the inquiry which FG made through the Inspector-General of Police, “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.’
APC said it would apply for a subpoena to be issued again at the IGP to enable him to adduce and tender in evidence, the letter dated February 3, 2003, reference number SR.3000 /IGP SEC/ABJ/VOL. 24/287, which triggered the clearance letter of the Legal attaché of the US Embassy in Nigeria, as well as the response to same dated 4th February 2003.
It further argued that the said 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 Respondent avers that the allegations referred to in the said paragraph have been subjecting to litigation and duly litigated upon by a court of competent jurisdiction in Suit No: FHC/L/CS/1146/1999.
“The Respondent further avers that having been litigated upon by a competent court of law, this Honorable Court is estopped from retrying the same issues that have been appealed against. The Respondent shall found and rely upon the judgment in Suit No: FHC/L/CS/1146/1999.
“Without prejudice to the above, the Respondent avers that the Nigeria Police Force investigated the 2nd Respondent regarding any record of criminal arrest and/or conviction. The investigation was extensive and far-reaching.
“Consequently, the American Consulate, Lagos Nigeria revealed that there was no record whatsoever of any criminal arrest, warrants and/or conviction regarding the 2nd Respondent. The Respondent shall find and rely on the letter issued by the Embassy of the United States of America, Nigeria dated 4th February 2003.
“Furthermore, the release from forfeiture of other monies in the account the subject of the proceedings in Case No: 93C4483; in excess of one million dollars and for the benefit of the named beneficiary K.O Tinubu though not the account holder, less forfeited sum of $460,000.00 (Four Hundred and Sixty Thousand United States Dollars) is a manifest affirmation that the case was not a criminal trial and the fund forfeited was not a fine imposed as a punishment for a criminal conviction of any person- let alone the 2nd Respondent.
“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.
While urging the court to strike out petitions against Tinubu, the APC argued 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, stressed that he 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.
“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.
“The 1st Petitioner (Obi) as at 30th April, 2022 was still a member of the PDP and his name was not and could not have been in the register of members submitted by the 2nd Petitioner to 1st Respondent (INEC).
“The Petition herein is incompetent as the 1st Petitioner is not a member of the 2nd Petitioner since the 1st Petitioner’s name is not, and could have been listed in the list of the register made available by the 2nd Petitioner to the 1st Respondent, same having been made available before the 1st Petitioner joined the 2nd Petitioner”.
It, therefore, prayed the court to dismiss or strike out Obi’s petition “wholly or in part as may be appropriate”.
Seriake Dickson, National Leader of the Nigeria Democratic Congress (NDC), on Wednesday showcased Peter Obi, its presidential candidate in the 2027 election, but gave a proviso – his importance would not be at the expense of the party.
A guest on Prime Time, a public affairs programme on ARISE NEWS Television, the former Governor of Bayelsa State, now Senator representing West at the National Assembly, maintained that the belief in some quarters that Obi’s entrance into the party was a favour was completely misplaced.
Instead, he argued that the opposite was the case, as it was the party that was doing its candidates a favour by giving them the opportunity to contest elective positions on its platform in the 2027 elections, a gesture that ought to be returned.
Hear him: “Don’t make it look like anyone is doing NDC a favour. No one is. Rather, the NDC and I and my colleagues are doing people a favour by granting our platform. If you are genuinely supporting Peter Obi and you are disparaging me, the leader, or the platform itself. That is nonsensical.”
Stressing that NDC had demonstrated confidence in Obi by adopting Obi as its sole presidential candidate and selecting a vice-presidential candidate without internal disputes, he said it was enough to earn its leadership the gratitude it deserved.
He added: “Nobody paid shishi. So, if a presidential candidate didn’t pay shishi to be made the sole presidential candidate and sole vice-presidential candidate, that same party cannot be the one saying that small people are underprivileged.
“I could have run. There’s no one more qualified than me. There’s no one more qualified than me to run for presidential candidate. None. There is no crisis within the NDC. Peter Obi is a cherished member of our party. On our own, we have made him a presidential candidate. Sole presidential candidate. And that counts for something. We are working well together. There’s no crisis.”
Invoking its zero tolerance on issues of security breaches, the Nigeria Civil Aviation Authority (NCAA), has clamped down on aircraft and crew of the privately operated jet that landed on a roadway in the Ogwashi-Uku area near Asaba, Delta state.
Even with regulatory body for airline operations in Nigeria informed that no casualties were recorded in the incident, it still went for its sanctions in line with its sworn position of maintaining maximum safety at every point.
In a statement on Wednesday, Michael Achimugu, its spokesman said preliminary reports indicated that the aircraft conducted a missed approach while attempting to land at Asaba airport at about 7:43am.
Achimugu: Director of Public Affairs and Consumer Protection, said: “Reports received from personnel at the scene indicate that all occupants safely exited the aircraft and were transported to Asaba by road,” Achimugu said. The aircraft had four (4) crew members on board. At this time, no injuries to passengers or crew have been reported.
“Preliminary information available to the authority indicated that the aircraft later departed the location and returned to Lagos without obtaining the required regulatory approval. Air traffic control was informed only after the aircraft had become airborne.”
Stressing that the action constitutes a violation of the Nigerian Civil Aviation Regulations (Nig.CARs) and is currently under investigation by the authority, he said the NCAA immediately grounded the aircraft upon its arrival in Lagos pending the outcome of investigations.
He added: “The flight crew have been placed under regulatory review while the NCAA conducts further inquiries into the circumstances surrounding the occurrence and the subsequent unauthorised departure of the aircraft.
“The NCAA has formally notified the Nigerian Safety Investigation Bureau (NSIB) of the occurrence and is coordinating with relevant aviation stakeholders, including the operator and the Nigerian Airspace Management Agency to establish the full circumstances surrounding the incident.”
Stating that the NCAA immediately suspended the operator’s permit for non-commercial flight (PNCF), he added that the authority would review all operational, airworthiness, maintenance and flight-related records as part of its statutory responsibilities and take further enforcement action in accordance with applicable aviation regulations.
Achimugu said the NCAA remains committed to maintaining the highest standards of aviation safety, security, and regulatory compliance within the Nigerian aviation sector.
Atiku Abubakar, candidate of the African Democratic Congress (ADC), on Wednesday, swore to the integrity of the process that led to his picking the party’s ticket, saying it remained untainted and consistent with the wills of the members.
Against the backdrop of the insistence of Babachir Lawal, former Secretary to Government of the Federation (SGF), that he stole the ticket by corrupting the process, Atiku, Vice President between 1999 and 2007, pooh-poohed the claim.
Before the former SGF Rotimi Amaechi, former Governor of Rivers State and Minister of Transportation as well as Mohammed Hayatu-Deen, former Chairman of Nigeria Economic Summit Group, both candidates in the contest for the ADC ticket, had rejected the process as flawed, even before the outcome.
Lawal, who had earlier announced his resignation from the ADC a fortnight ago and made sundry allegations of gaming the system against Atiku, had doubled down on Monday, while appearing on Politics Today, a public affairs programme on Channels Television, claiming he personally monitored the exercise and had evidence that the primary was rigged.
Hear him: “Don’t forget I was the National Vice Chairman (North-East). I was in the field during the exercise, so I have evidence. Atiku’s people are the ones trying to deny what they did. We are all human beings. We know what they did. I knew the primary was rigged at the point it was being done and the results declared.”
Regardless that neither Amaechi nor Hayatu-Deen had recanted their original position Atiku, insisted that nothing was amiss, adding that his opponents actually won in the areas of their individual popularity and stronghold.
Conveying his position through Phrank Shaibu, his spokesman, who appeared as a guest on Politics Today, a public affairs programme on Channels Television, the former VP said: “Anybody who claims rigging or irregularity in the last election should check the places and locations they won. Where are the states that Rotimi Amaechi won? If you check the figures and the margins he got there, you will know that those are his strongholds. It was not a fraudulent process.
Maintaining that the burden of proving any fraud rested on the former SGF Shaibu, Shaibu depicted his boss as the most popular among the contestants, arguing that the outcome of the event should not be surprising to anybody.
He said of the ex-SGF: “Babachir reminds me of a baby who is yanked off her mother’s breast while suckling. It is like a deprived suckling; definitely the baby will throw tantrums. He admitted on your show that his preferred candidate was Hayatu-Deen. He worked for him.”
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