The All Progressives Congress (APC) has responded to allegations surrounding its presidential candidate, Bola Tinubu, and the forfeiture of $460,000 to the United States government in 1993. The party defended Tinubu, stating that he surrendered funds in ten bank accounts opened in his name or in the name of Compass Finance and Investment Co. The funds in these accounts were subject to a civil forfeiture proceeding in Case No: 93C4483. The APC argued that the decision of the United States District Court Northern District of Illinois, Eastern division in the said case, was not a fine but a decree of forfeiture of the amount of $460,000 to the United States pursuant to the settlement of claim by the parties to the case.
The APC insisted that the decision was not against Tinubu but against the funds in the various accounts opened in his name 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 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.
The APC listed the ten account numbers that contained funds that Tinubu forfeited after the settlement of the claim by the parties involved in the case. These accounts were domiciled in both First Heritage Bank and Citi Bank N.A. Besides, the APC through its team of lawyers led by Prince Lateef Fagbemi, SAN, told the court that the Federal Government had, as far back as 2003, through the American Consulate in Nigeria, inquired about Tinubu’s criminal record.
The outcome of the inquiry, which the Federal Government made through the Inspector-General of Police, yielded a clean bill of health that unequivocally and unreservedly cleared Tinubu of any criminal record, interest, or association in the United States of America. The APC said it would apply for a subpoena to be issued again at the IGP to enable him to adduce and tender in evidence, the letter dated February 3, 2003, reference number SR.3000 /IGP SEC/ABJ/VOL. 24/287, which triggered the clearance letter of the Legal attaché of the US Embassy in Nigeria, as well as the response to the same dated 4th February 2003.
The APC argued that the forfeiture Tinubu made to the US government, having lasted a period of 29 years, was no longer a valid ground to challenge his eligibility to contest the presidential election. The party claimed that the impleaded decision of the United States District Court, Northern District of Illinois Eastern Division, was not a decision by a competent court of law or tribunal in Nigeria. It also argued that the said forfeiture was made by Judge John A Nordberg in the said Case No: 93C4483 on the 4th day of October 1993, a period of 29 years before the 25th day of February 2023 when the said presidential election was duly conducted by the 1st Respondent.
The APC also argued that the allegations referred to in the said paragraph had been subject to litigation and duly litigated upon by a court of competent jurisdiction in Suit No: FHC/L/CS/1146/1999. Therefore, the party said, this Honorable Court is estopped from retrying the same issues that have been appealed against.
The party further stated that the Nigeria Police Force investigated Tinubu regarding any record of criminal arrest and/or conviction. The investigation was extensive and far-reaching. Consequently, the American Consulate, Lagos Nigeria, revealed that there was no record whatsoever of any criminal arrest, warrants, and/or conviction regarding Tinubu. The APC shall find and rely on the letter issued by the Embassy of the United States of America, Nigeria dated 4th February 2003.
The APC argued that the release from forfeiture of other monies in the account, which was 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 the 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 Tinubu.
The party stated that 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.
The APC urged the court to strike out petitions against Tinubu. The party argued that Mr. Peter Obi of the Labour Party, who alleged that Tinubu was convicted for a drug-related case, lacked the requisite locus standi to challenge the outcome of the presidential election.
In conclusion, the APC has opened up on the circumstances that led to the forfeiture of $460,000 by its candidate and President-elect, Bola Tinubu, to the government of the United States of America, USA, in 1993. The party maintained that Tinubu merely surrendered funds in ten bank accounts that were opened in either his name or that of Compass Finance and Investment Co. and that the funds were subject to a civil forfeiture proceeding in Case No: 93C4483. The APC insisted that the decision of the United States District Court Northern District of Illinois, Eastern division, was not a fine but a decree of forfeiture of the amount of $460,000 to the United States pursuant to the settlement of claim by the parties to the case. The party argued that Tinubu’s eligibility to contest the presidential election was not affected by the said forfeiture.
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