What Tinubu Told Tribunal About US Drug Crime Levelled Against him

What Tinubu Told Tribunal About US Drug Crime Levelled Against him

The presidential candidate of the All Progressives Congress (APC) in the 2023 presidential election, Asiwaju Bola Ahmed Tinubu, has denied committing any “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” for the presidential election held on February 25, 2023.

Tinubu made the denial while responding to the petition filed by Mr Peter Obi and his party, the Labour Party (LP) before the Presidential Election Petition Tribunal, with the Independent National Electoral Commission (INEC), Senator Bola Ahmed Tinubu, Senator Shettima Kashim and the All Progressives Congress as the Respondents.

Tinubu told the tribunal that he did not commit any drug-trafficking crime, rather that the case in the United States was against his bank accounts domiciled in First Heritage Bank and City Bank N.A.

He further averred that he was never at any point in time fined the sum of $460,000.00 for an offence involving dishonesty or any other offence, rather, that the forfeiture “was a civil forfeiture proceeding” made pursuant to settlement of claim by parties to the case.

He said: “The said Case No: 93C-1483 between United States of America v. Fund in Account 263226700 held by First Heritage Bank in the name of Bola Tinubu is not a criminal case or matter that could have resulted in a criminal conviction.

“Rather, it was a civil forfeiture proceeding against the funds in various accounts opened in the name of Bola Tinubu with First Heritage Bank and City Bank N.A.

“The purported decision of the United State District Court Northern district of Illinois, Eastern division in the said case is not a fine but 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 but against the funds in the various accounts opened in the name of Bola Tinubu with First Heritage Bank and City Bank N.A.

“The compromise terms that led to the forfeiture was preceded by express admission on record that 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.”

Tinubu asserted that as far back as February, 2003, the Federal Government of Nigeria, through the office of Inspector General of Police, inquired from the Government of United States of America about the criminal record or law enforcement interest of any sort in their jurisdiction regarding the 2nd Respondent through the American Consulate in Nigeria.

He noted that the inquiry yielded a ‘clean bill of health that unequivocally and unreservedly cleared him of any criminal record, interest or association in the United States of America as of that date’.

He stated that, whereby the said judgement was reached in a foreign country, 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.

He, therefore, faulted the matter being ‘falsely, mischievously paraded by his political adversaries like the petitioners, detractors and haters to scandalize, demonize and de-market him to the Nigerian electorate’ during the 2023 general elections.

Tinubu noted that the aim was to ‘delegitimize 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’.

He stated further that in any event, the said decree of forfeiture was made on October 4, 1993, a period of 29 years before the February 25, 2023, presidential election.

He stressed: “Furthermore, the release from forfeiture of other monies in the account the subject of the proceedings in Case No: 93C4483; in excess one million dollars and for the benefit of the named beneficiary BA Tinubu though not the account holder… 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 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 law of competent jurisdiction or Tribunal in Nigeria.

“The Respondent states further that the order made by the American Court was an order of forfeiture of funds in some named accounts as opposed to a fine which may be disqualifying ground/factor to run/contest for the office of president under the Constitution of the Federal Republic of Nigeria and that there is a world of difference between fine and forfeiture as both terms connote different things.”