The Peoples Democratic Party, PDP, has begun legal procedures to disqualify Asiwaju Bola Tinubu, the presidential candidate of the All Progressives Congress, APC, for a criminal conviction and punishment in a court of competent jurisdiction in the United States for narcotics trafficking.
However, the APC PCC quickly attacked the PDP, claiming that the party not only lacked creativity but was also a copycat.
However, the PDP’s effort 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, issue.
During a press conference in Abuja yesterday, the PDP Campaign Spokesman, Kola Ologbondiyan, stated that Tinubu’s conviction for a criminal offence by a court of competent jurisdiction in the United States of America makes him ineligible to win any election.
READ ALSO: Keyamo Responds To PDP Call For Tinubu’s Arrest
Ologbondiyan further stated that Tinubu’s nomination is null and invalid due to a court ruling in Chicago that resulted in Tinubu forfeiting $460,000 in money thought to be proceeds of crime, especially the sale and distribution of drugs.
He stated: “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.’ “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.”
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 judgement imposed on offenders anywhere in the world, as well as the consequences of such judgements.
He went on to say: “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 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.
The PDP Campaign further stated: “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 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.”
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.”
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