Alhaji Atiku Abubakar, the presidential candidate of the Peoples Democratic Party (PDP) in the February 25 presidential election, maintains that Bola Tinubu’s declaration as Nigeria’s president is illegal, null and void, and unconstitutional. Atiku insists that Tinubu must be removed from office to uphold the integrity of the nation.
The crux of Atiku’s argument lies in Tinubu’s admission, as well as the confirmation by his witness, of forfeiting $460,000 to the American government for the offense of narcotics trafficking and money laundering. According to Atiku, such a background disqualifies Tinubu from even contesting for Nigeria’s presidency, let alone assuming the role of the President of the Federal Republic of Nigeria.
During the final address to support his petition seeking to nullify Tinubu’s victory, Atiku dismissed Tinubu’s claim that the forfeiture was a result of a civil court action. He emphasized that it was a United States court acting on Tinubu’s indictment that imposed the forfeiture fine.
Atiku argued that the distinction between “civil action” and criminal forfeiture made by Tinubu and his witness is not relevant, as the fundamental fact remains that Tinubu’s funds were seized for narcotics trafficking and money laundering, as confirmed by records from the United States District Court.
Atiku’s lead counsel, Chief Chris Uche, SAN, further asserted that forfeiture, whether “civil” or “criminal,” is based on the commission of a crime, and it disqualifies Tinubu under the provision of Section 137(1)(d) of the 1999 Constitution. This provision disqualifies individuals who have been sentenced to imprisonment or fined for offenses involving dishonesty, fraud, or any other offense by any court or tribunal.
Atiku urged the Presidential Election Petition Tribunal to invoke Section 137 of the Constitution and nullify Tinubu’s declaration as President due to his involvement in narcotics drug crimes and remove him from office