A coalition of 45 NGOs   under the umbrella of RIGHTS MONITORING GROUP, has asked the Attorney General of the Federation and the Code of Conduct Bureau to arrest and prosecute former Lagos state Governor AHMED BOLA TINUBU   to answer his case before the Code of Conduct Tribunal. The group which petitioned the  PRESIDENCY  and  The Code of Conduct Tribunal over the reluctance of the AGF TO CONTINUE THE TRIAL OF Tinubu for maintaining several  foreign bank accounts while in office stated in the letter titled :Sustaining public interest in the prosecution of Senator Bola Ahmed Tinubu in the Code of Conduct Tribunal ,that it was in the public interest  and will be in conformity with anti corruption stance of the Government and Rule of Law to continue  the trial which was adjourned  sine die in 2007  when Tinubu claimed immunity  as Governor .

The letter ref  RMG/SH/013/G/10 dated 16 sept,2010  signed by its National Coordinator MR Olufemi Aduwo,  stated  that “Sen. Bola Tinubu has made  desperate effort to make RMG soft pedal on the issue “  and expressed regret that despite open publication in the media - PUNCH NEWSPAPER 25 April 2007 pg 2,THISDAY FEB 2,2003 Pg 23, and its open letter  published in the COMPASS of Sept 2, 2010, and the Nigerian Tribune the Attorney General has refused to  reopen the case since the former Governor was not under any immunity, thereby giving the impression that he is above the law.

The group recalled that the CODE OF CONDUCT Bureau in a recent press briefing admitted that Tinubu has a case to answer, questioning why he is being treated as a sacred cow, it said. It noted that former Governors like Ibori, Igbinedion, Orji Kalu, and Ladoja were being tried by EFCC and Code of Conduct Tribunal and their cases were not politicized like Tinubu’s case.

The group recalled that Tinubu faced similar’’ Court trial in the USA about violation of US law on financial transaction in Sept 15 1993 where he engaged the procedure of Plea Bargain to get the sum of 490,000 US dollars confiscated to the American Government’’.

In the charge sheet the particulars of the criminal allegations against Tinubu   was as follows:
Operation of 10 foreign accounts while serving as Governor in violation of S.7 of the Code of Conduct Bureau and Tribunal Act cap 56.LFN 1990—

1       First Heritage Bank country club Hills Illinois USA account no 263226700

2       Citibank NA New York USA operated in the name of Bola Tinubu and Compass Finance and Investment co ltd account no 39483134, 39483396, 4650279566

3       Citibank international New York with acct 52050-89451952, 5205089451953

4       HSBC 177, Great Portland street London WIW6QJ Acct 71253670 sort code 40-03-15

5       HSBC177 Great Portland street London WIW6QJ with acct name BOLA Oluremi Tinubu

6        HSBC 177 Great Portland street London WIW6QJ Acct no 04320002DN

7       HSBC 177 Great Portland street London WIW6QJ With acct name Tinubu Habibat Oyindamola (miss) acct no 1320960111

8       HSBC 177 Great Portland street London WIW6QJ with acct no 172447101 and Acct name Tinubu Zainab Abisola  (miss)

9       HSBC 177 Great Portland street London WIW6QJ With Acct no 1916667988 acct name Tinubu Oluremi Sade

10  HSBC 177 Great Portland street London WIW6QJ 41421522 ACCT name Oluremi Sade Tinubu.


Affidavit was deposed by Mrs Ikechi Iwuagwu deputy director Code of Conduct Bureau stating that Tinubu failed to disclose the accounts, but Tinubu raised the issue of his immunity which made the tribunal to adjourn the case sine die

The Presidency  and the office of the Attorney General has not responded to the petition while the  CODE OF CONDUCT TRIBUNAL in its response to the RMG acknowledged the letter .

In the letter signed by the Ag Chief Registrar  Abdulmalik Shuaibu   ref CCT/HQ.149/S/1/77 dated 8 Nov,2010, the tribunal stated’’ we fully understand the purpose and intendment of the contents of the said letter but advise that the Code of Conduct Tribunal being an impartial arbiter adjudicatory body) csn not suo moto relist this matter which was adjourned sine die sometime in 2007.The office of the Hon Attorney General of the Federation and the Chairman Code of Conduct Bureau who are responsible for prosecuting offenders before the tribunal would be the most appropriate authorities to direct your complaints”

Meanwhile a  pro-democracy group  based in UK Transparency and Justice in Nigeria (TAJIN) has called on the  Code of Conduct Bureau to re- open the criminal prosecution of Tinubu. In its reaction to statement made by Alh. Lai Mohammed Publicity secretary of the A C N  on the  alleged anticipated  arrest of Asiwaju Tinubu, the group said the A CN  was only trying to politicize a purely criminal matter bordering on abuse of office and corruption. The group said but for the apparent connivance of the relevant security and anticorruption agencies, Asiwaju Tinubu should be languishing in jail for several corruption and criminal issues which are glaring to the blind.
The group in a statement by its Coordinator Dr Jide Adesodun decried the penchant for A CN   for double standard  in its public utterances and statements saying that while the   A C N would readily applaud the trial of PDP leaders  and other Nigerians for any offence however trivial, it will read political victimization when the issue concern its members .

‘’When Bode George  and Ibori were being tried ,Tinubu and the A C N  used the media  and its allies in the judiciary  and security to hound them to jail, now that TINUBUs  hideous  criminal tendencies are coming out  it is now  political victimization, giving  Nigerians the impression that  there are 2 sets of laws, one for the ruling party and another for the opposition parties’’  the group said adding that Government  agencies should never be intimidated to prosecute any offender which ever  his or her  political affiliation or financial status.

‘’The  arrogance and the self advertised immunity  from the hands of the law  by TINUBU is anathema to the rule of law and should be resisted by all lovers of democracy’’, the group  stated advising the former Governor to defend himself rather than whipping up unnecessary sentiment through the media.

http://www.sharpedgenews.com/news/2011/01-12-11/tinubu.shtml

i really hope they arrest this man,, he the most corrupt governor in nigeria's history from amagamation to date

@ harem

You are omnipresent . I though you were JASON??

Now this is really getting serious. They've presented the evidence, so I guess its up to the attorney general to initiate the prosecution, that's if he doesn't find an excuse though.

Fingers crossed !!

be4 people start getting up in arms, they should consider the underlying allegation.

The allegation is that this guy maintained foreign accounts against the requirements of the code of conduct.

To my knowledge, there's no suggestion there is stolen money in these accts, hence the reason efcc decided not to pursue further investigations in 2007

If the requirement is that Governors NOT maintain foreign accounts of any kind, what does it matter if there is stolen money or none in those accounts if the rule is that the accounts not exist at all?

it may well be an offence to hold a foreign acct, even if there's just £1 balance in it, but all fair minded people would say that in the scheme of things, pursuing this guy for this reason alone smarks of political intimidation.

Restarting a closed investigation is all political

To my knowledge, there's no suggestion there is stolen money in these accts, hence the reason efcc decided to pursue further investigations in 2007

You don't need to prove that he stole funds, the fact that he allegedly  maintained foreign accounts while in office provides sufficient grounds for prosecution.

they can start prosecution, but let's see where it gets to

Missy85:

it may well be an offence to hold a foreign acct, even if there's just £1 balance in it, but all fair minded people would say that in the scheme of things, pursuing this guy for this reason alone smarks of political intimidation.

Restarting a closed investigation is all political

Fair minded people who are against the LAW?

However, i doubt if much could be achieved from prosecution of Tinubu in this case, as he no longer holds a public position and the provisions on the code of conduct bureau does not give much allowance to prosecution of individuals outside a public office.  In the worst case scenario, the dude will be told to forfeit some of his properties to the state.

(2) The punishment which the Code of Conduct Tribunal may impose shall include any of the following -
(a) vacation of office or seat in any legislative house, as the case may be;
(b) disqualification from membership of a legislative house and from the holding of any public office for a period not exceeding ten years; and
(c) seizure and forfeiture to the State of any property acquired in abuse or corruption of office



I will like to see how this play out, exposing Tinubu will most likely lead to a ripple that will eventually birth a political Tsunami.  It's a win win situation for all those who mean well for the country.

violent:

However, i doubt if much could be achieved from prosecution of Tinubu in this case, as he no longer holds a public position and the provisions on the code of conduct bureau does not give much allowance to prosecution of individuals outside a public office.  In the worst case scenario, the dude will be told to forfeit some of his properties to the state.

I believe sitting officials have also enjoy immunity in Nigeria and so it was highly unlikely they could have gotten at him while he was in office . . 


Correction

http://en.wikipedia.org/wiki/Sovereign_immunity

Nigeria
Section 308 of the Nigerian constitution of 1999 provides immunity from court proceedings, i.e., proceedings that will compel their attendance in favour of elected executive officers, namely the President and his vice and the Governors of the states and the deputies. This immunity extends to acts done in their official capacities so that they are not responsible for acts done on behalf of the state. However, this immunmity does not extend to acts done in abuse of the powers of their office of which they are liable upon the expiration of their tenure. But does the elected executive constitute the sovereign in Nigeria? it seems that the judiciary will be better described as the sovereign in Nigeria if the sovereign is the person who in the last resort is able to decide his own competence and that of other contender in the event of any conflict of authority. Failing this, the constitution as an expression of the will of nigerians is the sovereign.It is important to note that the judiciary has absolute immunity for actions decisions taken in their official capacity.

i dont support any form of selective justice, and the institutionalised type practised in nigeria should concern anyone remotely interested in fostering democracy.

The judicial landscape is replete with many examples. Thats not good for nigeria.

Missy85:

i dont support any form of selective justice, and the institutionalised type practised in nigeria should concern anyone remotely interested in fostering democracy.

The judicial landscape is replete with many examples. Thats not good for nigeria.

If you truly don't support selective justice as you claim, then I expect that you would demand justice be served even in this case since you are well aware of what the law says of this, irrespective of parties pinned. If the man is guilty, he should face the consequences of his choice . . it is that simple!

I believe sitting officials have also enjoy immunity in Nigeria and so it was highly unlikely they could have gotten at him while he was in office . . 


Correction

This is more of a case of noticeable flaws in the constitution and provisions of the code of conduct tribunal.  It doesn't provide guidelines for the trial and prosecution of individuals that are not holding Public offices.

Those subsections highlighted in my earlier posts provided the impositions and powers granted to the code of conduct tribunal, and it wouldn't be legal for the Police or the EFCC to take this case to trial as it is not within the jurisdictions of such bodies

The Tribunal has within its powers to request the impeachment of the Governor while in office, the state house of assembly is well empowered to carry out this function, and the governor's immunity clause does not exempt him from impeachment proceedings.

Smear campaign  !

where were these NGOs all these years ?

The letter ref  RMG/SH/013/G/10 dated 16 sept,2010  signed by its National Coordinator MR Olufemi Aduwo,  stated  that “Sen. Bola Tinubu has made  desperate effort to make RMG soft pedal on the issue “ [size=13pt] and expressed regret that despite open publication in the media - PUNCH NEWSPAPER 25 April 2007 pg 2,THISDAY FEB 2,2003 Pg 23, and its open letter  published in the COMPASS of Sept 2, 2010, [/size]and the Nigerian Tribune the Attorney General has refused to  reopen the case since the former Governor was not under any immunity, thereby giving the impression that he is above the law.

This group has been trying for years, it seems! WOW . . . talk about our justice system being selective!

Also, pls dont equate the term NGO in the nigerian context with Human Rights Watch, Oxfarm, Amnesty International etc.

In nigeria, the vast majority of so-called NGO's are profit oriented private businesses, who go with the highest bidder.

Many unemployed graduates scramble for money to register an NGO, with the sole aim of swindling donors.

The 45 'NGOs' are just a bunch who have probably collected money from PDP.

You say this matter has been goin for long, are you listening at all? It was fully investigated by the leading  anti corruption agency in 2007, and they saw no reason to pursue it further.

Why is another agency suddenly interested in reopening the matter 3 months to an election WITHOUT NEW FACTS. DONT YOU SEE WHY SOME ARE UNCOMFORTABLE WITH THIS KIND OF DOG-HOUSE JUSTICE?

Sorry 4 caps,,,nightmare typing long on my phone
.

Does it really matter what NGO's are and who foots their bill in this case?