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PDP begins court process to disqualify Tinubu
The Atiku-Okowa Presidential Campaign of the Peoples Democratic Party, PDP, has commenced court proceedings to disqualify the presidential candidate of the All Progressives Congress, APC, Asiwaju Bola Tinubu, over criminal conviction and sentencing by a court of competent jurisdiction in the United States over trafficking in narcotics.
However, APC PCC immediately countered the PDP, saying the party did not only lack originality but was also a copycat.
But PDP’s move is a counter to the APC which on January 20, approached the courts to disqualify Alhaji Atiku Abubakar of the PDP from the presidential poll over what it termed as #Atiku-Gate and Special Purpose Vehicle, SPV, saga.
Yesterday, the PDP insisted that the conviction of Tinubu for a criminal offence by a court of competent jurisdiction in the United States of America rendered him ineligible to contest any election.
The spokesman of the Campaign, Kola Ologbondiyan, said this at a media briefing in Abuja yesterday.
$460,000 forfeiture nullifies Tinubu’s nomination — PDP
Ologbondiyan said the decision of a court in Chicago, which led to Tinubu forfeiting $460,000 in funds believed to be proceeds of crime, specifically, the sale and distribution of narcotics renders his nomination null and void.
He said: “Nigerians are not unaware of the criminal matter concerning the Presidential Candidate of the All Progressives Congress (APC), 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 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 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 therefore these funds are forfeited to the United States pursuant to 21 U.S.C. S881(a)(6) and 18 U.S.C S981.’
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“From the declaration of the court and the sentencing, it is clear that Asiwaju 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.”
The PDP campaign Spokesman noted that it is an established fact that 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.
Tinubu convicted in US, can’t stand for poll in Nigeria
He further said: “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.”
He explained that the import of the constitutional provision was that having been so convicted and fined and having acceded to the sentencing by way of forfeiture of $460,000 and have not received any state pardon or acquitted by any court of competent jurisdiction, “Tinubu remains a convict and the consequential effect is that he cannot contest the election at any level in Nigeria.”
The PDP Campaign equally said: “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.”
We’ve approached the courts to disqualify him
Ologbondiyan also revealed that the PDP has approached the courts to seek Tinubu’s disqualification.
He said: “Our Campaign has proceeded to the court demanding the court to:
“Declare Asiwaju Bola Ahmed Tinubu, the Presidential Candidate of the APC, 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 Asiwaju 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.”
According to him, the PDP campaign is also filing for an accelerated hearing in order to save the nation from an impending catastrophe.
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 office at any level against our laws.”
PDP lacks originality, always copying —APC PCC
Reacting to the PDP’s counter moves, yesterday, the Chief Spokesman of the APC Presidential Campaign Council, PCC, Mr Festus Keyamo, in a chat with Vanguard, said the main opposition party lacks originality
His words: “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.
‘’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”
Also, reacting, Mr Bayo Onanuga, director, Media and Publicity of the APC PCC, restated his statement of January 18, 2023 where he pooh-poohed PDP’s “shameless skirting of issues” using the attack as a defence.
He challenged Atiku to address the issues of whether or he employed the whistleblower, Michael Achimugu, who swore to 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 was Atiku’s.
The Chairman House of Representatives Committee on Federal Capital Territory (FCT), Rep. Aliyu Betara (APC-Borno), has congratulated the FCT Minister, Mr Nyesom Wike, on his emergence as THISDAY/Arise TV Minister of the Year.
Betara, in a congratulatory message issued in Abuja, eulogised the leadership virtue and dedication of the minister to infrastructural development in the territory.
The lawmaker, representing Biu/Bayo/Shani/Kwaya Kusar Federal Constituency of Borno, said that the award was well-deserved.
“On behalf of the House of Representatives Committee on FCT, I wish to extend my warmest congratulations to the FCT Minister, Mr Nyesom Wike, on your well-deserved recognition as the Minister of the Year by THISDAY/Arise TV.
“This prestigious honour is a testament to your visionary leadership, tireless dedication and exceptional contributions to the infrastructural transformation in the territory.
“Your unwavering commitment to service and your determination to improve the lives of residents and visitors alike to the FCT has been nothing short of exemplary.
“Through your bold initiatives and strategic policies, you have not only enhanced the aesthetics and functionality of Abuja, but have also reaffirmed the FCT’s position as a beacon of progress and modernity in Nigeria,” he said.
Betara said that the recognition was a reflection of the positive impact of Wike’s work and the admiration he had earned across various sectors.
While describing the recognition as an outstanding achievement, the lawmaker prayed that the milestone would serve as an inspiration for greater accomplishments in service, with integrity and purpose.
A Federal Capital Territory High Court on Wednesday, adjourned hearing in the alleged money laundering case against former governor of Kogi, Yahaya Bello until April 3 and April 24.
Justice Maryann Anenih adjourned the case for continuation of hearing after the first witness, Fabian Nworah, a property developer, was called to testify.
The Prosecution Counsel, Kemi Pinheiro, SAN, informed the court that he had five witnesses to call for the day.
Justice Anenih said she could only take one witness as she had other matters to attend to.
The court also announced that it would not be sitting on Thursday as previously scheduled.
Counsel for the 1st and 2nd Defendants, Joseph Daudu, SAN, however, informed the court that the prosecution had not made the statements on oath of the 2nd defendant available to the defence team.
He said he was aware that the first defendant had not made any statement.
Daudu also objected to the witness presented by the prosecution, arguing that the defendants had no prior knowledge of the witness and were only seeing him in court for the first time.
Citing authorities, he emphasised that legal proceedings should not be a “hide and seek” game, stating that the prosecution was required to provide the witness’ statements on oath in advance so the defence could adequately prepare for cross-examination.
“The statements of the second defendant have not been served on us to be able to know if we will be able to represent him or not.
“So, it is a serious handicap on us. They need to serve us all the statements made by the defendants.
“I understand the first defendant has not made a statement. Fortunately, we are still within the house keeping stage of the proceeding,” he added.
Corroborating this, counsel for the 3rd Defendant, Abubakar Aliyu, SAN, said, “mine is not a comment but an observation my lord. My application is for the court to order the prosecution to provide us with the statements of the 2nd and 3rd defendants.”
When the judge asked if he had requested for the statements, Aliyu SAN said, he discovered on Tuesday that the said statements were not part of the proof of evidence served on the defendants.
He said: “I am also applying that the court order the prosecution to provide us with copies of recovered digital device and the report or the extract therefrom mentioned on Page 14 of Volume 1 of the proof of evidence and the report of the forensic expert if any.
“I am following the procedure followed in Okoye against the Commissioner of Police, which was adopted by the Supreme Court in Okemini Vs Commissioner of Police.”
The prosecution witness, however, disagreed, saying the defendants were trying to delay speedy trial.
He insisted that the proof of evidence was served on the defendants on Nov. 27, 2024.
“The constitutional provisions, which they rely on, does not imply that the prosecution should provide all the documents which it relies on.
“The law only provides that the prosecution should oblige the defence with all the documents requested for,” Pinheiro argued.
He noted that the issues would be addressed whenever they receive formal applications from the Defendants and urged the court to proceed on the business for the day.
“As it is, we have almost utilised more than an hour on these arguments,” he stated.
The judge asked the defendant’s counsel why he did not raise the issues in December.
Daudu SAN replied that it was because it had to be done after arraignment.
“I have applied and they are not obliging me. It is absolutely necessary for our defence,” counsel for the 3rd defendant said.
The judge, however, declined the application for adjournment and directed the prosecution to proceed with the case.
The prosecution then proceeded to call its first witness, Fabian Nwora, a property developer with EFAB Property Nigeria Limited.
Nwora testified that he was invited to the Economic and Financial Crimes on Feb. 8, 2023, regarding a transaction between Shehu Bello and EFAB Property concerning a property located at No. 1 Ikogosi Street, Maitama.
He stated that he sold the said property to Shehu Bello but observed that the name on the sale agreement was Dr Bello Ohiani, not Shehu Bello.
He said, in 2023, Shehu Bello approached EFAB Property, informing them that the property was under investigation by the EFCC.
He returned all documents related to the purchase and demanded a refund of the N550million that was paid.
Subsequently, he said, EFAB Property was invited by the EFCC to explain what transpired between them and Shehu Bello.
The EFCC instructed the company to refund the entire sum to an EFCC-designated account. EFAB Property complied in two batches of N400 million and N150 million.
The Kebbi Government says it is assessing the condition of the Zuru General Hospital with the aim of upgrading it to a referral centre.
Gov. Nasir Idris stated this when he visited the Emir of Zuru, Alhaji Muhammadu Sani-Sami on Wednesday in Zuru.
Idris visited the emir to thank the people of Fakai, Sakaba, Danko/Wasagu and Zuru Local Government Areas that make up the emirate.
Idris said that upgrading the Zuru General Hospital to a referral centre would ease the difficulties faced by people of the emirate.
The governor said that quality healthcare services remained an utmost priority of his administration.
He said that the Sir Yahaya Memorial Hospital, Birnin Kebbi and the State Medical Centre, Kalgo, currently serving as referral health institutions were overstretched.
“The government is committed to reversing the trend by making referral hospitals close, accessible and affordable to the people of the state,” he said.
On the expansion of the Zuru Water Works and construction of urban township roads, Idris promised to reappraise the facilities for necessary action.
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