The Timing of Tinubu’s tempest
on SEPTEMBER 21, 2011 · in POLITICS

By Emmanuel Aziken, Political Editor
The Code of Conduct Tribunal in Abuja is Wednesday set for what is unarguably its biggest case in recent times. On parade before the tribunal on a case of ethical misconduct is Asiwaju Bola Ahmed Tinubu, the erstwhile Governor of Lagos State and the national leader of the country’s biggest opposition political party, the Action Congress of Nigeria, ACN.

As the tribunal case opens President Goodluck Jonathan who is in the United States where he is expected to meet world leaders including United States administration officials, could be tempted to refer to the trial of one of the country’s most influential politicians as evidence of his own administration’s fight against corruption.

Tinubu is charged with the maintenance of foreign bank accounts which according to the prosecution is at variance with the provisions of the Code of Conduct for public officers. The case flows from the investigations allegedly initiated in 2005 by a Joint Task Force constituted by former President Olusegun Obasanjo to investigate allegations of impropriety against the Governors of that era.

At the end of the alleged investigations, several Governors were reportedly indicted on several counts of illegal enrichment, falsification of assets, operation of foreign bank accounts, corruption and outright stealing of public funds. In the case of Tinubu he was reportedly indicted by the JTF on the allegation of operating foreign bank accounts in the United States of America.

Following the exit of the Obasanjo administration the corruption cases against many of the Governors dilly-dallied and only two, Lucky Igbinendion of Edo State and James Ibori came to conclusion. The former was convicted and paid some reparations while the later was cleared of all the cases of corruption put against him by the Economic and Financial Crimes Commission by a Federal High Court in Asaba, Delta State.

The case against Tinubu, however, continued to be mentioned now and again with no firm push for a trial, at least until now. What was seen as until now the dithering indecision of government on the matter of Tinubu has inevitably swelled opinion among the political class of allegations of a political motif.

This flows from the fact that even though the case was first filed in 2005 but that no substantive move was made to initiate prosecution until earlier this month when the Code of Conduct Tribunal issued a statement through its Special Adviser/ Director of Information Abdulazeez Badisha, that the former Governor would be appearing today at the tribunal.

According to the statement issued on September 6, 2011 the actions of the former Governor in allegedly maintaining foreign accounts violated section 7 of the Code of Conduct Bureau and Tribunal Act, Cap 56 Law of the Federation of Nigeria 1990, as amended.

The issue flows from the constitutional inhibitions against public officers maintaining foreign accounts. Section 3 of the fifth schedule of the constitution states thus:

The President, Vice -President, Governor, Deputy Governor, Ministers of the Government of the Federation and Commissioners of the Governments of the States, members of the National Assembly and of the Houses of Assembly of the States, and such other public officers or persons as the National Assembly may by law prescribe shall not maintain or operate a bank account in any country outside Nigeria.

Remarkably, as at press time the details of the formal charges in respect to the accounts were yet to be produced and are expected to be unveiled during the trial. However, political associates of the ACN leader in a master stroke have gone ahead to disclose details of the alleged bank accounts which sources say totaled about $31,000.

The accounts were allegedly jointly operated with his wife, Mrs. Remi Tinubu who is now a Senator.

Political associates of the former Governor say that the relatively small amount of money in the accounts that is for a man of Tinubu’s perceived financial standing, could not but reflect a desperation to put Tinubu out of circulation.

This, it is argued, is against the background of what is generally seen as the growing political clout of the ACN leader across the country.

As leader of the ACN Tinubu has successfully wrested the political control of the Southwest from the PDP to his party which now controls all but one of the Southwest states. The only Southwest state, Ondo that is not in the control of the ACN is under the control of the Labour Party, a party he Tinubu reportedly collaborated with to oust the PDP from the administration of that State.

But even beyond the Southwest Tinubu was strategically involved in the political dynamics that embarrassed the PDP’s zonal permutations for the distribution of positions in the House of Representatives. His reported collaboration with elements in the PDP helped to enthrone Aminu Waziri Tambuwal as the Speaker of the House of Representatives against the official position of the PDP for the emergence of Mrs. Mulikat Adeola-Akande.

The arraignment of the ACN leader is also coming in the heels of the recent strategic meeting of the PDP in the zone last month where by one account the party leaders were said to have pinned the problems of the party in the zone to the political sophistication of Tinubu.

So given the woes of the PDP it is conceivable for some to allege the conspiratorial role of the PDP in the present travails of the ACN leader.

But that is, however, begging the question as to the substance of whether Tinubu is guilty of the allegations raised against him. Has he offended the provisions of the law?

Tinubu in his reaction has now welcomed the opportunity to defend himself.

Speaking on his return from an overseas trip ahead of today’s trial Tinubu last Monday told newsmen at the Lagos airport that the trial was politically motivated to intimidate the opposition.

He said: “I can just tell you, that nothing, will intimidate me, as a leader of opposition parties in Nigeria. I believe wholeheartedly in the tenets of constitutional democracy, and rule of law, and as a politician , I am used to be persecuted or tried , there was this experience of the treasonable felony that was hanged on me during the Abacha era, when they hanged a life sentence on me, after all it is democracy in a very dangerous environment.”

“But, they cannot induce any charge to silence the opposition in this country, the question of the rule of law, the question of dividing the judiciary, the question of the ruling party orchestrating allegation to silence opposition party, and the urge to continue to rule, without obeying the rule, does not bother me.”

The Code of Conduct Bureau has meanwhile distanced itself from the allegations of political witch-hunting. The bureau in a statement issued by its head of information, Mrs. Iyabo Akinwande affirmed that the delay in the trial since 2005 was to enable the bureau complete all investigations into the issue.

“It has no political undertone. The case was only put on hold because investigation was on going,” Akinwande said in a statement on Monday.

Tinubu and his ACN had snubbed the invitation by the PDP to its government of national unity arrangement preferring to monitor the administration from outside. The ACN’s decision was despite insinuations in some quarters that Tinubu refused to put obstacle to Dr. Jonathan in the Southwest during the presidential elections because of a secret pact between the duo.

But despite refusing to participate in the GNU arrangement the party nevertheless resolved at one of its meetings after the elections not to be too critical of the Federal Government on issues of security. The ACN has so far followed up on its promise by not stinging the administration on national security issues.

Given Tinubu’s success in diminishing more challenging political opponents in the Southwest, in the person of General Olusegun Obasanjo and Commodore Bode George, it would be remarkable if President Jonathan mentions today’s trial as a success for his administration in his meetings with world leaders.

Well it may be. It may also mean the extension of his political troubles to Tinubu’s base in the Southwest.

http://www.vanguardngr.com/2011/09/the-timing-of-tinubu%E2%80%99s-tempest/