PDP seeks court disqualification of Tinubu as criminal cases not statute barred
By Jeph Ajobaju, Chief Copy Editor
A lawsuit has been filed by the Peoples Democratic Party (PDP) to disqualify All Progressives Congress (APC) presidential candidate Bola Tinubu over criminal conviction and sentencing by an American court for trafficking in narcotics.
It is the reaction of the PDP to court papers the APC filed on 20 January to disqualify PDP presidential candidate Atiku Abubakar from the contest over what the APC calls #Atiku-Gate and Special Purpose Vehicle (SPV) for money laundering.
The PDP insisted the conviction of Tinubu for a criminal offence by a court of competent jurisdiction in the United States renders him ineligible to contest any election in Nigeria.
US court papers show the crime was committed 30 years ago, but the statute of limitation does not apply to a criminal case.
PDP Presidential Campaign Council spokesman Kola Ologbondiyan argued in Abuja the ruling of a court in Chicago which led to Tinubu forfeiting $460,000 proceeds of crime, specifically, the sale and distribution of narcotics, renders his nomination null and void.
His words: “Nigerians are not unaware of the criminal matter concerning … Tinubu in respect of his criminal conviction and sentencing by a court of competent jurisdiction in the United States over a criminal case of trafficking in narcotics for which Tinubu forfeited the sum of $460,000 to the state.
“For the avoidance of doubt, the United States court in sentencing Tinubu ordered ‘that the funds in the amount of $460,000 in account 263226700 held by First Heritage Bank in the name of Bola Tinubu represent proceeds of narcotics trafficking or were involved in financial transactions in violation of 18 U.S.C. S1956 and 1957 and therefore these funds are forfeited to the United States pursuant to 21 U.S.C. S881(a)(6) and 18 U.S.C S981.’
“From the declaration of the court and the sentencing, it is clear that Tinubu was summarily convicted by the court, he took no step to challenge the judgment but acceded to the forfeiture of the $460,000 found to be the proceeds of narcotics trafficking.”
Drug trafficking an international crime
Ologbondiyan said trafficking in narcotics is an international crime which all nations are obligated by international conventions and statutes to arrest, prosecute, and implement any court judgment imposed on offenders anywhere in the world, as well as the consequential effects of such judgments.
“Having been convicted and having acceded to be guilty as charged by way of forfeiture of the $460,000, Nigeria is a signatory to International Convention is mandatorily obligated to execute the consequential effect of that conviction by virtue of Section 137 (1) (d) of the 1999 Constitution (as amended).
“For clarity, Section 137 (1) (d) of the 1999 Constitution (as amended) provides that:(1) A person shall not be qualified for election to the office of President if … (d)
“He is under a 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.”
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‘Tinubu remains a convict’
Based on the Constitution, “Tinubu remains a convict and the consequential effect is that he cannot contest the election at any level in Nigeria,” having been convicted and fined, and having acceded to the sentencing by forfeiting $460,000 and without state pardon or court acquittal, Ologbondiyan said, according to Vanguard.
“The effect is that the listing of the name of Bola Tinubu, who stands convicted by a court of competent jurisdiction on the ballot for the 2023 presidential election, is by the virtue of Section 137 (1) (d) of the 1999 Constitution (as amended) fundamentally illegal, invalid and must be expunged immediately.
“Our Campaign has proceeded to the court demanding the court to:
“Declare … Tinubu … having been convicted, as ineligible to contest the Presidential election by virtue of section 137 (1) (d) of the 1999 Constitution (as amended).
“Compel the Independent National Electoral Commission [INEC] to immediately delist Tinubu as presidential candidate of the APC or any other political party for that matter and expunge his name from all materials and documents related to the 2023 Presidential election.
“This case is in the interest of the nation as our laws do not permit a convict, let alone an individual convicted on account of the international crime of trafficking in narcotic, to stand election at any level.
“Nigeria cannot afford the embarrassment of having a convict hold office at any level against our laws.”
PDP lacks originality, APC counters
APC PCC spokesman Festus Keyamo insisted the PDP lacks originality.
“Why did they wait all these months until we filed before they are now rushing to court? I challenged them more than two months ago, yet they did nothing,” he told Vanguard.
“It shows a team that is lacking in originality, lacking in ideas and lacking in vision. It is just an attempt to create a counter-suit to our own.
“Unfortunately for them, Nigerians have seen through them already: SPV advocates that are trying to turn the tide of public opinion. Nigerians have decided; Nigerians have rejected them.
“This is so laughable that Nigerians are beginning to see that these are remorseless people; leopards that cannot change their skin.
“Instead of Atiku facing the cameras, shed some tears and apologise to the nation for abusing his office as VP with SPVs, his reply, in summary, is, ‘what-about-you-too?’ This is disastrously sad.”
Bayo Onanuga, APC PCC Media and Publicity Director, repeated what he said on 18 January that the PDP is “shameless skirting of issues” using attack as a defence.
He challenged Atiku to say whether or not he
- Employed the whistleblower, Michael Achimugu, who swore to an oath.
- Had a conversation on how he and former President Olusegun Obasanjo set up SPVs – such as Marine Float – to steal public funds.
- Whether the voice heard on the leaked tape is his.
