Nothing will come out of the issue of Tinubu obtaining the passport of Guinea, which makes him a citizen of the West African nation and a dual national of both Nigeria and the country, as well as the allegation of perjury following it as both factors can no longer be part of the on-going cases at the election petition tribunal against him over the February 25 presidential election.
The victory of Tinubu, who was declared the winner of the election by the Independent National Electoral Commission (INEC) on March 1, and expected to assume office on May 29, is being challenged by both Atiku Abubakar and Peter Obi, candidates of the Peoples Democratic Party (PDP) and Labour Party (LP) in the same election.
Weighing on the matter, Michael Aondoakaa, former Attorney General of the Federation and Minister of Justice (AGF-MoJ), on Tuesday maintained that it would be a waste of time for anyone to pursue both grounds as a basis for ending Tinubu’s victory, saying it would at best be a wild goose chase, given the Nigerian laws.
A guest on The Morning Show, a breakfast programme on Arise Television, Aondoakaa, a Senior Advocate of Nigeria (SAN), argued that dual citizenship could not disqualify Tinubu as long as it was proven that he was born a Nigerian citizen, while perjury, apart from being difficult to prove, was not a ground for electoral petition.
Hear him: “Perjury is not a ground of a petition. The grounds of a petition are contained in the constitution and the electoral act and I want to point it out to you that if the grounds exist in the electoral act, which are in conflict with in qualification or disqualification, in the constitution, that of the electoral act would be of no moment.
“Of course, the electoral act has not introduced any other ground except the grounds of qualification and disqualification as contained in the constitution. Perjury is not there and therefore there is nothing you can do about it.
Apparently alluding to Tinubu’s alleged drug case, the former Minister argued that anyone convicted in a criminal matter would be eligible to contest election after 10 years under the Nigerian constitution, implying that even if Tinubu was convicted of drug offences that made him forfeit $460,000, he would still be eligible to contest the election.
“The criminality specified in the constitution, which relates to dishonesty relates to a period of 10 years, whether convicted in a Nigerian court or anywhere. If you’re serving a jail term, the 10 years grace is not applicable because you cannot come from prison to contest to be a President. But if after the conviction, 10 years has elapsed, you can still come and contest.
“You cannot expand anything that is contained in the constitution as a requirement for contesting an election of the presidential or any election conducted by INEC. You cannot subtract anything from disqualification. That is the position of the law. When the constitution specifies condition-precedent, you cannot come and introduce another extreneous matter. It must be there.
“If there is condition specified in the constitution, you cannot add. So, perjury is not one of the grounds. I give you an instance. People were being disqualified on the ground of not paying tax. But when the matter went to the Supreme Court, it held that that was not a requirement, all those judgements were upturned because that was not a requirement.