A Non-Governmental Organization, Centre For Reform and Public Advocacy has dragged the National Drug Law Enforcement Agency (NDLEA) and the Attorney-General of the Federation AGF and Minister of Justice, Abubakar Malami SAN, to court, over the alleged involvement of the All Progressives Congress (APC) Presidential candidate, Asiwaju Bola Ahmed Tinubu in money laundering and narcotic trafficking.
The body, acting through its Lawyer, Kalu Kalu Agu, SAN in a suit dated Thursday, December 2, 2022 and filed before the Federal High Court, Abuja listed NDLEA, Malami and Tinubu as the first, second and third defendant in the suit.
Agu, in the suit argued that the first and second defendants are bound by the 1999 Constitution of the Federal Republic of Nigeria (as amended) Section 4 of the Criminal Justice, Act 2015 to prosecute the third defendant, under section 18 of the Money Laundering Act 2022, to the effect that on October 4, 1993, the United States District Court of Illinois, Eastern Division subpoena Tinubu in the case numbered (93C4483 USA).
The summon, counsel to the plaintiff established was at the instance of funds in account: 263226700, held by Heritage Bank in the name of Bola Tinubu; Funds in accounts: 39483134, 39483396, 4650279566, 00400220, 39936404, 39936383, all held by Citibank, in the name of Bola Tinubu or Compass Finance and Investments Co; Funds in accounts: 52050-89451952, 5250-89451952, 52050-89451953, held by Citibank International, also in the name of Bola Tinubu.
The suit pointed out that the US court made an order forfeiture of the sum of $460,000 against Tinubu.
Similarly, Agu alleged that the Court ordered that the fund in the amount of $460,000 in account 263226700 held by First Heritage Bank in the name of Bola Tinubu, allegedly represented proceeds of narcotic trafficking “or involved in financial transactions in violation of 18 US C; 1956 and 1957, therefore, funds are forfeited to US pursuant to 21 USC, $881 (a) and 18 USC”.
The suit contained order, compelling the first and second defendant to discharge their statutory functions by arresting for prosecution, under section 18 of the Money Laundering Act, as reasonable grounds to suspect that Tinubu committed an offence “under the said Money Laundering Act on October 4, 1993 as contained in US Court in case number – 93C4483” with respect to funds in account 263226700, allegedly held by Heritage Bank.
The suit by Agu on behalf of the NGO was sworn-in with affidavit setting out facts, including: that the plaintiff was known very well known and depose in the oath for it and with its consent.
That, he Agu, is the Legal Adviser to the plaintiff and head its Legal department and as such, is knowledgeable about the fact of the matter.
That the plaintiff is an NGO, committed to the pursuit of fundamental reforms in the political engagements , “institutions, management and socio-political underpinning in Nigeria”.
That the first defendant is the statutory body saddled with the responsibility of Offenders including money Launderers; That the second defendant is the Chief Law Officer of the country and that the third defendant is a Nigerian and the “Presidential candidate of APC”.
The suit pointed out that the issues for determination are as set out in the originating summons, while argument on the issues is with respect to the two issues are yes, according to section 3 of the administration of Criminal Justice Act 2015, which provides thus: ” A suspect or defendant with committing an offence established by an act of the National Assembly shall be arrested, investigated, inquired into, tried or dealt with according to the provisions of this Act, except otherwise provided under this Act”.
The suit argued that the first defendant has a duty to act on an allegation that someone committed an offence of narcotic trafficking, contending that in the instant case exhibit ‘A’ and ‘B’ ” which clearly captured facts, showing reasonable suspicion” that Tinubu was involved in narcotic trafficking.
Following this, the suit argued that the plaintiff had the requisite locus standi to institute the case, arising from the effect of narcotics trafficking around the world and in Nigeria.
Recall that the documents emanating from the US court alleging forfeiture, following alleged money laundering, narcotic trafficking against Tinubu surfaced about three weeks ago, drawing comments and reactions from different quarters, especially arguments for and against Tinubu’s eligibility to contest for number one position of the most populated black country.
At a point, the Independent National Electoral Commission INEC was dragged into the saga, when the claim surfaced about two weeks ago that it was investigating the matter, before arriving at a conclusion. However, INEC distanced itself from the claim.
On its own, the ruling APC Presidential Campaign Council PCC has berated the oppositions, accusing them as brains behind the allegations.
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