The judgment, which was delivered in the case of Mohammed Abacha versus the Federal Republic of Nigeria, by the current Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, while serving as a Supreme Court justice, declared that forfeiture means “the loss of a right, privilege or property because of a crime”.

“The word ‘forfeiture’ means the divestiture of property without compensation. The loss of a right, privilege, or property because of a crime, breach of obligation, or neglect of duty,” Justice Ariwoola held in a majority decision.

He noted that any person who has forfeited property on the basis of a crime cannot be entitled to indemnity, adding that forfeiture is a form of punishment, and that there is no indemnity in Nigeria’s criminal procedure.

While many legal experts have argued that the Tinubu’s case is quite different from that of Mohammed Abacha, others stated that the peculiarities of the case would need the court to determine if the US court’s ruling has relevance in Nigeria.

Though the Peoples Democratic Party (PDP) and its presidential candidate, Atiku Abubakar, did not include the Chicago drug case in their petitions challenging the declaration of Tinubu as President-elect, the party’s Presidential Campaign Council had in January threatened to drag Tinubu to court.

The party’s campaign council had argued that he should not participate in the February 25 presidential election on the premise of an alleged criminal case of trafficking in drugs that led to his subsequent forfeiture of the sum of $460,000 to the US authorities.

The spokesperson of the Atiku/Okowa Campaign Organisation, Mr. Kola Ologbondiyan, who spoke in Abuja, had expressed the determination of the campaign council to file for an accelerated hearing in the case in the interest of the nation.

According to him, Nigeria’s laws do not permit an alleged convict, let alone an individual convicted on account of the international crime of trafficking in narcotics, to stand election at any level, adding that Nigeria cannot afford the embarrassment of having an alleged convict hold office at any level.

He added that the campaign council would ask the court to “declare Tinubu, the presidential candidate of the APC, having been allegedly convicted, as ineligible to contest the Presidential election under section 137 (1) (d) of the 1999 Constitution;

“Compel the Independent National Electoral Commission (INEC) to immediately delist Asiwaju Bola Tinubu as the 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.

“For the avoidance of doubt, the United States Court in sentencing Tinubu ordered, ‘that the funds in the amount of $460,000 in the name of Tinubu represents proceeds of alleged 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 Tinubu was summarily convicted by the court, took no step to challenge the judgment but acceded to the forfeiture of the $460,000 found to be the proceeds of narcotics trafficking,” it stressed.

Ologbondiyan further noted that “Nigeria is a signatory to such international conventions and therefore is mandatorily obligated to implement the consequential effect of the conviction imposed on Tinubu by a court of competent jurisdiction in the criminal case of trafficking in narcotics.

“The import of the foregoing is that under the 1999 Constitution (as amended), having been so convicted and fined and having acceded to the sentencing by way of forfeiture of $460,000 and have not received any state pardon or acquitted by any court of competent jurisdiction, Asiwaju Tinubu remains a convict and the consequential effect is that he cannot contest the election at any level in Nigeria.

“The effect is that the listing of the name of Bola Tinubu, who stands allegedly 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,” he further explained.

But responding to the PDP campaign council’s press conference, the spokesman for the APC Presidential Campaign Council, Festus Keyamo, had described the Atiku/Okowa Organisation as a body that was deficient in ideas and originality. He noted that until its APC counterpart took Atiku to court for alleged confession to have fraudulently helped himself to state resources while serving as Vice President, the PDP campaign council did not know the road to court.

He said: “Why did they wait all these months until we filed before they are now rushing to court? I challenged them more than two months ago, yet they did nothing. It shows a team that is lacking in originality, lacking in ideas, and lacking in vision.

“It is just an attempt to create a counter-suit to our own. Unfortunately for them, Nigerians have seen through them already. They are Special Purpose Vehicles advocates that are trying to turn the tide of public opinion. Nigerians have decided; Nigerians have rejected them. This is so laughable that Nigerians are beginning to see that these are remorseless people; leopards that cannot change their skin.”

While Tinubu’s traducers have argued that his victory would be upturned by the courts, his supporters think otherwise, given the fact that he has never been convicted by any court anywhere to warrant his disqualification from occupying elective offices.

However, no matter the outcome of Obi’s petition in the election tribunal, the final decision on his petition will put the issue of Tinubu’s forfeiture of $460,000 to rest permanently.


https://www.thisdaylive.com/index.php/2023/04/02/obis-petition-as-tinubus-nightmare

The bitter souls would continue to be bitter as happiness is off their case

The drug lord should be disgraced.

If supreme should be sincere Tinubu is a goner no strong basic him winning in court

If forfeiture is not criminal why not go to court and reclaim your forfeited items or money

Forfeiture is conviction against crime .
It is an establishment that crime was committed

Ashiwaju Jagaban Presido

-Bola Ahmed Tinubu is a drug convict. No doubt about that.
-I will see how the USA government will handle this one. Our constitutional lawyer Bruce Fein will also be watching this one with keen interest 😀.

magoo10:
Forfeiture is conviction against crime .
It is an establishment that crime was committed

Chai. This case is so straight forward as there is no single technicality to swindle this one.

It's just like when a man is almost nabbed in another man's matrimonial bed, runs off, leaving his boxers behind.
The boxers is the forfeiture. So if you know it isn't a crime but a harmless gift which the man doesn't like for his wife, go back and claim your boxers

OtuologyProf:



Chai. This case is so straight forward as there is no single technicality to swindle this one.

It's just like when a man is almost nabbed in another man's matrimonial bed, runs off, leaving his boxers behind.
The boxers is the forfeiture. So if you know it isn't a crime but a harmless gift, go back and claim your boxers

You said it all

The CJN did not speak on Tinubu’s forfeiture case. Even the reference to Mohammed Abacha is fallible because he wven contested the governorship election in Kano

yoruba CJN?
hope he will deliver food judgement.

Claiming what is not yours is the worst crime. The money so forfeited is not his. His money was not touched.

Ok

In my humble opinion the definition of

word ‘forfeiture’ means the divestiture of property without compensation. The loss of a right, privilege, or property because of a crime, breach of obligation, or neglect of duty,” 

Forfeiture in Tinubu's case in the United States must be interpreted in the Nigerian contest.

Just as the continued jailing of

Chinenye Ezewuzie in Peru as drug mule for Obi.

We should be ashamed as Nigerians we prefer drug peddlers and looters as President.

PAWG:
The CJN did not speak on Tinubu’s forfeiture case. Even the reference to Mohammed Abacha is fallible because he wven contested the governorship election in Kano

the court is not father Christmas. The court cannot give you what you didn't ask for. Meaning, nobody took Muhammad Abacha to court challenging that, but as for tinubu there is a petition against him.

OtuologyProf:



Chai. This case is so straight forward as there is no single technicality to swindle this one.

It's just like when a man is almost nabbed in another man's matrimonial bed, runs off, leaving his boxers behind.
The boxers is the forfeiture. So if you know it isn't a crime but a harmless gift which the man doesn't like for his wife, go back and claim your boxers

This ur example buxx head...
Tinubu should go and reclaim his money, before he can become Presido....

Tinuis in hot wax

Monogamy:
The bitter souls would continue to be bitter as happiness is off their case

How can you be fasting and defending a drug dealer at the same time?

Does Islam now supports drug trafficking?

effort1:


How can you be fasting and defending a drug dealer at the same time?

Does Islam now supports drug trafficking?

Wrong perception. What's my business with fasting or religion?

Does OBIdients means wailers

Tinubu is a goner

There's no escape for APC

OtuologyProf:



Chai. This case is so straight forward as there is no single technicality to swindle this one.

It's just like when a man is almost nabbed in another man's matrimonial bed, runs off, leaving his boxers behind.
The boxers is the forfeiture. So if you know it isn't a crime but a harmless gift which the man doesn't like for his wife, go back and claim your boxers

omo