The Presidential Election Petitions Tribunal has issued a ruling, asserting that President Bola Tinubu cannot be disqualified based on his prior forfeiture of drug money in the United States.
This verdict was delivered by a five-member panel led by Justice Haruna Tsammani at the Presidential Petition Election Tribunal on Wednesday.
The PEPT emphasized that Tinubu had previously been cleared of any criminal allegations in the United States by the Nigeria Police Force. This clearance was the result of an inquiry made by the Nigerian police to their U.S. counterparts.
The court further revealed that Tinubu has been able to freely enter and exit the United States, indicating an absence of any criminal charges against him.
Justice Tsammani, in his ruling, highlighted that the judgment from the U.S. District in Northern Illinois, which ordered the forfeiture of Tinubu's $460,000[/b] in a drug-related case, was part of civil proceedings in which Tinubu was not a party.
Regarding the issue of non-qualification due to an alleged criminal indictment, the petitioners had argued that Tinubu had forfeited $460,000 in the United States due to an indictment in drug trafficking.
The tribunal pointed out that the evidence (Exhibit P5) presented by the petitioners clearly indicated that it was a civil forfeiture proceeding.
Justice Tsammani asserted that the petitioners failed to provide credible evidence to demonstrate that Tinubu was ever arraigned, entered a plea, was sentenced, or fined in any criminal case in the United States.
He stated, “The order of forfeiture in Exhibit P5, on which the petitioners have relied, does not qualify as a sentence or fine for an offense involving dishonesty or fraud within the context of Section 137(d) of the 1999 constitution.”
The tribunal clarified that civil forfeiture is not equivalent to a conviction or a criminal charge.