The Peoples Democratic Party, PDP, has begun court proceedings to disqualify Asiwaju Bola Tinubu, the presidential candidate of the All Progressives Congress, APC, for a criminal conviction and sentencing in a court of competent jurisdiction in the United States for narcotics trafficking.
However, the APC PCC quickly countered the PDP, claiming that the party not only lacked originality but was also a copycat.
However, the PDP’s move is in response to the APC’s January 20 petition to the courts to disqualify PDP presidential candidate Alhaji Atiku Abubakar over the #Atiku-Gate and Special Purpose Vehicle, SPV, saga.
Yesterday, the PDP insisted that Tinubu’s conviction for a criminal offense by a court of competent jurisdiction in the United States of America rendered him ineligible to run in any election.
Kola Ologbondiyan, the Campaign’s spokesman, stated this at a media briefing in Abuja yesterday.
$460,000 forfeiture nullifies Tinubu’s nomination — PDP
Tinubu’s nomination is null and void, according to Ologbondiyan, because of a court decision in Chicago that resulted in him forfeiting $460,000 in funds believed to be proceeds of crime, specifically the sale and distribution of narcotics.
“Nigerians are not unaware of the criminal matter concerning the All Progressives Congress (APC) Presidential Candidate, Asiwaju Bola Ahmed Tinubu, in respect of his criminal conviction and sentencing by a court of competent jurisdiction in the United States over a criminal case of narcotics trafficking for which Tinubu forfeited the sum of $460,000 to the state,” he said.
“For the avoidance of doubt, the United States court in sentencing Asiwaju 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 thus these funds are forfeited to the United States pursuant to 21 U.S.C. S881(a
“It is clear from the court’s declaration and sentencing that Asiwaju Tinubu was summarily convicted by the court; he took no action to challenge the judgment but agreed to the forfeiture of the $460,000 found to be the proceeds of narcotics trafficking.”
According to the PDP campaign spokesman, narcotics trafficking is an international crime for 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 consequences of such judgments.
Tinubu convicted in US, can’t stand for the poll in Nigeria
“Having been convicted and having acceded to being guilty as charged by forfeiture of the $460,000, Nigeria, as 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,” he added (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 serving a death sentence imposed by any competent court of law or tribunal in Nigeria, or a sentence of imprisonment or fine for any offense involving dishonesty or fraud (by whatever name called) or any other offense, 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.”
He explained that the constitutional provision meant that “Tinubu remains a convict and the consequential effect is that he cannot contest the election at any level in Nigeria” because he had been convicted and fined and had acceded to the sentence by forfeiture of $460,000 and had not received any state pardon or been acquitted by any court of competent jurisdiction.
According to the PDP Campaign, “the effect is that the listing of the name of Bola Tinubu, who is convicted by a court of competent jurisdiction, on the ballot for the 2023 presidential election is fundamentally illegal, invalid, and must be expunged immediately” under Section 137 (1) (d) of the 1999 Constitution (as amended).
We’ve approached the courts to disqualify him
Ologbondiyan also revealed that the PDP has petitioned the courts to remove Tinubu from office.
“Our Campaign has proceeded to the court, demanding that the court:
“Declare Asiwaju Bola Ahmed Tinubu, the APC’s Presidential Candidate, as ineligible to contest the Presidential election as a result of his conviction under Section 137 (1) (d) of the 1999 Constitution” (as amended).
“Compel the Independent National Electoral Commission, INEC, to immediately delist Asiwaju Tinubu as the APC’s or any other political party’s Presidential candidate, and to remove his name from all materials and documents related to the 2023 Presidential election.”
According to him, the PDP campaign is also requesting an expedited hearing in order to save the country from impending disaster.
He said: “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 any level of office in violation of our laws.”
PDP lacks originality, always copying —APC PCC
In response to the PDP’s counter-moves, Mr. Festus Keyamo, Chief Spokesman of the APC Presidential Campaign Council, PCC, told Vanguard yesterday that the main opposition party lacks originality.
“Why did they wait all these months until we filed before rushing to court?” he asks. I challenged them more than two months ago, and they have yet to respond.
It demonstrates a team that is lacking in originality, ideas, and vision. It’s simply an attempt to develop a counter-suit to our own.
“Unfortunately for them, Nigerians have already seen through them: SPV advocates attempting to change public opinion. Nigerians have made their decision; Nigerians have rejected them.
“This is so ridiculous that Nigerians are starting to realize that these are remorseless people; leopards who cannot change their skin; instead of Atiku facing the cameras, crying, and apologizing to the nation for abusing his office as VP with SPVs, his response, in summary, is, ‘what-about-you-too?’ This is tragically sad.”
In response, Mr. Bayo Onanuga, APC PCC director of Media and Publicity, reiterated his January 18, 2023 statement in which he slammed the PDP’s “shameless skirting of issues” by using the attack as a defense.
He challenged Atiku to address whether or not he employed the whistleblower, Michael Achimugu, who swore an oath; whether Atiku made a scandalous conservation on how he and former President Olusegun Obasanjo set up SPVs, such as Marine Float, to steal public money; and whether the taped voice belonged to Atiku.
