April 13, (THEWILL) – Nigeria’s President-elect, Bola Ahmed Tinubu, has told the Presidential Election Petition Tribunal sitting at the Court of Appeal, Abuja, that he was not a party in the drug case that was said to have been filed against him by the United States Government in 1993.
The former Lagos State governor also faulted the jurisdiction of the court to entertain the alleged drug indictment since the offence was not tried under a law in Nigeria.
“The 2nd respondent was/is not one of the listed parties in the decision Illinois, Eastern Division in case No 93C-4483 delivered on October 4, 1993, was not rendered by a Court or Tribunal created pursuant to any written law in Nigeria”, he said.
“This Honourable Court lacks the jurisdiction to enforce the purported judgement of the court in accordance with the Constitution of the Federal Republic of Nigeria 1999 (as amended)” Tinubu declared in a court filing by his team of lawyers led by Wole Olanipekun (SAN), in response to the petition by the Labour Party (LP) and its Presidential candidate in the February 25 election, Peter Obi.
THEWILL reports that the LP and Obi, in their petition against Tinubu’s declaration as President-elect by the Independent National Electoral Commission (INEC), argued that the former Lagos State governor, was ineligible to contest the election since he was indicted for drug related offences and forfeited some proceeds in cash to the US authorities.
However, the team of lawyers, led by Olanipekun, urged the tribunal to dismiss the petition since Tinubu was not a party in the criminal case, insisting he was eminently qualified to contest the presidential election.
“The pleadings in paragraphs 28-31 of the petition hinge the alleged disqualification of the 2nd respondent (Tinubu) on a decision of the United States District Court, Northern District of Illinois, Eastern Division in case No 93C-4483 delivered on October 4, 1993.
“The 2nd respondent herein named was not a party or defendant in the said case No 93C-4483.
“The 2nd respondent was/is not one of the listed parties in the decision Illinois, Eastern Division in case No 93C-4483 delivered on October 4, 1993, was not rendered by a Court or Tribunal created pursuant to any written law in Nigeria.
“This Honourable Court lacks the jurisdiction to enforce the purported judgement of the court in accordance with the Constitution of the Federal Republic of Nigeria 1999 (as amended).
“The pleadings in paragraphs 28 –31 of the petition do not disclose a reasonable cause of action cognizable under Sections131, 134 and 137 legislation or instrument under the provisions of a law in Nigeria.
“The decision of the United States District Court, Northern District of Illinois, Eastern Division in case No 93C-4483 delivered on October 4, 1993 is/was not in respect of any cause of action or offence created by the Constitution of the Federal Republic of Nigeria 1999 (as amended).
“The case of the petitioners as pleaded has not disclosed any disqualifying factor as prescribed by Section 137 (1)(d) and (e) of the Act of the National Assembly or law of a State”, they said.
