Forfeited Drug-linked $460,000 Decision Was Against Accounts In Tinubu’s Name, Not Tinubu Himself, APC Tells Tribunal

Nigerian ruling party, All Progressives Congress (APC) has admitted that its candidate and ‘President-elect’, Bola Tinubu, forfeited the sum of $460,000 to the United States government in 1993 following a drug trafficking allegation.

This was stated in a court document filed by the party before the presidential electoral tribunal in response to a petition filed by the presidential candidate of the Labour Party (LP), Peter Obi, who is seeking the annulment of Tinubu's victory in the February 25 election.

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SaharaReporters exclusively reported in September 2008 how Tinubu was involved in a white heroin trafficking network which operated in Chicago and some parts of Indiana, led by one Adegboyega Mueez Akande between 1988 and 1993. 

The source of the white heroine was identified as one Mr.  Lee Andrew Edwards who was incarcerated for attempting to murder a federal agent while the agent was executing a search warrant on him.

 

 

 

 

According to the Verified Complaint for forfeiture in case No. 93 C 4483 exclusively obtained by SaharaReporters in 2008, which was filed on July 26, 1993, before the Hon. Judge Nordberg of the United States District Court for the Northern District of Illinois, the United States Government urged the Court to order the forfeiture of funds in accounts Nos. 263226700 held by First Heritage Bank in the name of Bola Tinubu, funds in accounts 39483134, 39483396, 4650279566, 00400220, 39936404 and 39936383 held by Citibank N.A in the name of Bola Tinubu and funds in accounts 52050-89451952,52050-89451952, 52050-89451953 held by Citibank in the name of Bola Tinubu because there was probable cause to believe that the funds in Tinubu’s bank accounts represented proceeds of narcotics trafficking or were monies involved in financial transactions in violations of 18 U.S.C, sections 1956 and 1957 and therefore, was forfeitable to the U.S. Government.

However, in a tacit defence of the ownership of the funds, Bola Tinubu averred in Court that the funds belonged to himself, his wife, K.O. Tinubu and his surrogate mother, Alhaja Mogaji (now deceased) and warranted that they had exclusive right, title and interest to the funds.

As a result, Obi based one of his grounds for overturning Tinubu's victory on the drug trafficking case. 

He claimed Tinubu's forfeiture of funds to the US government over drug trafficking allegations shows the former Lagos State governor committed infractions that should disqualify him from running for office in Nigeria.

However, in court documents filed to defend its candidate, the APC claimed Tinubu simply surrendered funds in ten bank accounts opened in his or Compass Finance and Investment Co.'s name.

It informed the Presidential Election Petition Court, PEPC, sitting at the Court of Appeal in Abuja that funds in the two commercial banks' accounts were subject to a "civil forfeiture proceeding" in Case No: 93C4483.

“The said decision is not against the 2nd Respondent (Tinubu) but against the funds in the various account opened in the name of Bola Tinubu with First Heritage Bank and City Bank N.A.

“The compromise terms that led to the forfeiture were preceded by express admission on record that the 2nd Respondent (Tinubu) 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,” APC told the Tribunal.

It also argued that Tinubu's forfeiture to the US government, which lasted 29 years, was no longer a valid basis for challenging his eligibility to run in the presidential election.

It noted that the matter had been investigated before but nothing came out of it. 

“Without prejudice to the above, the Respondent avers that the Nigeria Police Force investigated the 2nd Respondent regarding any record of criminal arrest and/or conviction. The investigation was extensive and far-reaching.

 

It said, “Consequently, the American Consulate, Lagos Nigeria revealed that there was no record whatsoever of any criminal arrest, warrants and/or conviction regarding the 2nd Respondent. The Respondent shall find and rely on the letter issued by the Embassy of the United States of America, Nigeria dated 4th February 2003.

 

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