Eko Hot Blog reports that the Presidential Election Petitions Tribunal on Wednesday said President Bola Tinubu cannot be disqualified on the basis of his forfeiture of drug money in the United States.
The court said Mr Tinubu was previously cleared by the Nigeria Police Force of any criminal issues in the U.S., which came through an enquiry the police had made to the U.S. law enforcement.
The court said Mr Tinubu has been able to enter and exit the U.S., and that means he has no criminal case.
The court also said the forfeiture order against Mr Tinubu, in which the U.S. seized $460,000 in drugs-related proceeds in 1993, was in civil proceedings, not criminal, and, therefore, not sufficient to nullify his presidency.
“A civil forfeiture is a unique remedy which rests on the legal fixture that the property, not the owner, is the target, therefore, it does not require conviction or even a criminal charge against the owner as it is not a punishment for criminal purposes.
“The petitioners have failed to show evidence that the second respondent was indicted, charged or arraigned tried, and convicted and was sentenced to any term of imprisonment or fine for any particular offence.
“The second respondent was never fined for any offence and has no criminal record in the United States. In proof of their assertions, they have tendered exhibits RA8 and RA9 on the bar,” the court held.
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