tinubThe Independent National Electoral Commission (INEC) has debunked a purported statement claiming that it has commenced an investigation into a case of criminal forfeiture against one of the presidential candidates in the 2023 General Election.
INEC, in a statement by its National Commissioner and Chairman, Information and Voter Education Committee, Festus Okoye, in Abuja on Saturday, described it as fake news and the handiwork of mischief makers.
He said. “A press release purported to have been issued by the Commission has been trending online since yesterday Friday Nov. 11, 2022.”
“It claims that the commission has commenced investigation into a case of criminal forfeiture against one of the Presidential candidates in the forthcoming general election and is liaising with a Court in the United States of America in pursuit of same to determine possible violation of our guidelines or the Electoral Act 2022.
“We wish to state categorically that the said press release did not emanate from the commission nor is it pursuing the purported course of action. It is the handiwork of mischief makers and utterly fake.”
Okoye said that press releases from the INEC are uploaded to the INEC Press Corps platform and simultaneously disseminated through the commission’s website and official social media handles.
The media has been abuzz with a recently released Verified Complaint for Forfeiture of funds in several accounts linked to Tinubu in First Heritage Bank and Citibank in the US, a United States Attorney, Michael Shepard, had narrated how Tinubu opened about 10 accounts in the name of Bola Tinubu and Compass Finance and Investment Limited in late December 1989 and January 1990, wherein he deposited funds far in excess of his earnings in Mobil Oil, where he was working at the time.
Some of the bank account numbers were 263226700 (First Heritage Bank), 39483134, 39483396, 4650279566 (Citibank N.A), and 52050 – 89451951, 52050 – 89451952 and 52050 – 89451953 (Citibank International) all in the US.
Shepard noted that the funds in Tinubu’s accounts were suspected to represent proceeds of drugs or property involved in money laundering, hence the initiation of a warrant of seizure and monition was requested from the court.
In an affidavit deposed to in support of the Verified Complaint for Forfeiture by a Special Agent with US Internal Revenue Service, Mr. Kevin Moss, Tinubu was said to have contradicted himself during interrogation on his relationship with Agbele and Akande. While in one breath he admitted to receiving $100, 000 from Akande and used $80, 000 of the money to open the Heritage account, he had at another time denied having any financial relationship with Akande. He also denied having any other bank accounts in the US.
Based on the above, Moss said they had cause to believe “that the funds in the amount of $460,000 in account in the name of Bola Tinubu represents proceeds of narcotics or were involved in financial transactions in violation of 18 U.S.C ss 1956 and 1957 and therefore these funds are forfeited to the United States”.
Shepard noted that although, “a less prima facie” case was established against Tinubu, the case was beyond mere suspicion, hence, a motion ex-parte application for order for seizure of the said funds was made by the US attorney on August 18, 1993, which was subsequently granted.
“It is hereby ordered that the United States Marshall shall hereby have authority to execute the warrant of seizure and monition issued ….by serving the warrant on mail on Citibank and First Heritage Bank,” the documents read regarding the judgement.
The documents, however, revealed that after protracted litigation in which Tinubu claimed that the monies legitimately belonged to him, his wife, Oluremi Tinubu, and his surrogate mother, one Alhaja Mogaji, Tinubu finally opted for a stipulated settlement with the US government.
According to the settlement order dated September 15, 1993, Hon. Judge Nordberg “ordered that the sum of $460,000 held by Bola Tinubu in the First Heritage Bank account be forfeited to the United States Government.”
Part of the agreements reached in the “Stipulation and Compromise Settlement of Claim to the Fund Held by Heritage and Citibank,” were that “funds held by Citibank shall be released to K. O. Tinubu and the actions filed against these funds in the accounts held by Citibank shall be dismissed with prejudice”.
According to the documents, “The parties further agreed that $460, 000 from the defendant’s account held by Heritage Bank in the name of Bola Tinubu shall be forfeited by the United Sates and shall be disposed of according to law. The funds remaining in the account shall be released to K. O. Tinubu.”
While Masha McClellan had signed on behalf of the plaintiff, one Patrick Coffey signed for the claimants.
Some critics and opponents of Bola Tinubu have asked for his withdrawal from the presidential race because of what they considered to be a dangerous precedent if it was indeed true that Tinubu had any links with a drug cartel.
In the decree of forfeiture as to funds held by First Heritage Bank, dated October 4, Judge Nordberg, having observed that “Neither a claim nor answer have been filed on behalf of the defendant funds other than the claims previously resolved by this court, in its settlement order dated September 15, 1993, accordingly ordered that the funds in the amount of $460, 000 in account 263226700 held by First Heritage Bank in the name of Bola Tinubu represents proceeds of narcotics trafficking or were involved in financial transactions in violation 18 U.S.C 1956 and 1957 and therefore this funds are forfeited to pursuant to 21 U.S.C 881 (a)(6) and 18 U.S.C 981.”
