Alleged Money Laundering: Order NDLEA, AGF to Arrest, Prosecute Tinubu, CSO Begs Court

Alex Enumah in Abuja          

The Registered Trustees of Center for Reform and Public Advocacy have asked a Federal High Court for an order compelling or mandating the National Drug Law Enforcement Agency (NDLEA) to arrest and prosecute former Lagos State Governor and candidate of the All Progressive Congress (APC) in the 2023 presidential election, Senator Bola Tinubu over alleged drug-related and money laundering allegations.

The advocacy group in the suit marked: FHC/ABJ/CS/2237/2022, claimed that the anti-drug agency has a duty by law to arrest and prosecute Tinubu based on a 1993 judgment by a United States of America District Court that ordered the forfeiture of funds belonging to the APC presidential.

The plaintiff also asked the court to make the same order against the Attorney General of the Federation (AGF), who is the second defendant in the suit.

While the Registered Trustees of Center for Reform and Public Advocacy is the sole plaintiff in the suit, the NDLEA, AGF, and Tinubu are 1st, 2nd, and 3rd defendants respectively in the suit dated and filed December 2, 2022.

According to the suit filed on behalf of the advocacy group by their lawyer, “there are reasonable grounds to suspect that Senator Bola Ahmed Tinubu committed an offense under the money laundering act in that on October 4, 1993, the United States District Court, Northern District of Illinois, Eastern Division in case number 93c4483 made an order of forfeiture of the sum of $460,000.00 against Bola Ahmed Tinubu.”

The plaintiff said the suit was necessitated by the refusal of the NDLEA and AGF, “to enter a decision, act and communicate,” to it, regarding letters it wrote the NDLEA and AGF demanding the prosecution of Tinubu based on the US court ruling.

 According to the court documents, while the order of forfeiture was made against Tinubu’s bank account with number 263226700 held by the First Heritage Bank), other accounts the US government had sought to also seize in the suit included 39483134, 39483396, 4650279566, 00400220, 39936404, 39936383 held by Citibank N.A, in the name of Bola Tinubu or Compass Finance & Investment Co) and 52050 – 89451951, 52050 – 89451952 and 52050 – 89451953 held by Citibank International in the name of Bola Tinubu, all in the US.

The plaintiff submitted that the court in its October 4 ruling, “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 these funds are forfeited to pursuant to 21 U.S.C 881 (a)(6) and 18 U.S.C 981; it is further

“Ordered that the First Heritage Bank shall issue a check in the amount of $460,000 payable to Federal Reserve Bank of Chicago and that these funds shall be disposed of according to law; it is further

“Ordered that the court shall retain jurisdiction over the actions in order to implement and enforce the terms of this Decree of Forfeiture.”

In supporting its suit against the defendants, the advocacy group submitted that Section 3 of the Administration of Criminal Justice Act, 2015 provides that: “A suspect or defendant alleged or charged with committing an offense 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.”

While arguing that Section 4 of the NDLEA Act imposes a duty of a public nature on the defendants to act on the allegation, the plaintiff submitted that, “there is an international aspect on narcotics which is found in Financial Action Task Force (FATF) that imposes an international obligation to the effect that someone who forfeited money arising from narcotics trade ought to be prosecuted for money laundering.”

Similarly, in a 25-paragraph affidavit deposed to in support of the suit, the plaintiff accused the 1st and 2nd defendants of ignoring its letters dated November 8, 2022, and November 15, 2022, respectively, wherein they demanded the prosecution of Tinubu over alleged drug-related and money laundering charges.

One Mr. Kalu Agu, a legal practitioner in Abuja, submitted that documentary evidence attached as an exhibit in the suit confirmed that the Tinubu whose funds were forfeited to the US government in 1993, was same as that of the APC’s presidential candidate in the 2023 general elections.

 Agu submitted that at the time the issue necessitating the current litigation occurred, the relevant law in Nigeria was Section 13 of the NDLEA Act, which provides thus: whoever, knowing that the property involved in a financial transaction represents the proceeds of some forms of unlawful transaction which in fact involves the proceeds of a specified unlawful activity……shall be guilty of an offense under this Act.”

In stating that the current law today is Section 18 of the Money Laundering (Prevention and Prohibition) Act, 2022, the plaintiff alleged that, “there are reasonable grounds to suspect that Senator Bola Ahmed Tinubu committed the offense of money laundering arising from narcotics trafficking.

“The Court Proceedings attached as annexure “A” is well known to the global community. Accordingly, the world is watching with rapt attention to know how a character indicted in annexure “A” will be walking around with aplomb as a Presidential Candidate of a Major Political Party”, Agu said.

While stating that the defendants have a statutory duty to act upon its complaint, the advocacy group lamented that they however acted in a way that is suggestive that “the subject of its complaint is untouchable”.

Among the issues raised for determination included whether the NDLEA and AGF are, “on the basis of the allegation in the complaint lodged by the plaintiff in the letters attached to this process as exhibits “A” and “B”, bound by the 1999 Constitution, Section 4 of the NDLEA Act and Section 3 of the ACJA, 2015, to prosecute Senator Bola Ahmed Tinubu the 3rd defendant, in that on October 4, 1993, the United States District Court, Northern District of Illinois, Eastern Division in case number 93c4483 between the US and Tinubu made an order of forfeiture of the sum of $460,000.00 against Bola Ahmed Tinubu.”

Similarly, the plaintiff asked the court to determine whether, by virtue of the law, the court could issue a mandatory order to compel the NDLEA and AGF to “Initiate legal steps for the prosecution of Tinubu” under section 18 of the Money Laundering Act, on the basis of the allegation in the complaint lodged by the plaintiff in the letters attached to this process as exhibits “A” and “B”, disclosing facts/grounds for reasonable suspicion that Tinubu, “committed an offense of the said Money Laundering Act” for which the US court ordered the forfeiture of funds in his account with Heritage Bank in Chicago.

In the event that the two issues raised for determination are in their favour, the the court should make a declaration that NDLEA and the AGF were bound by the 1999 constitution, Section 4 of the NDLEA Act, and, Section 3 of the Administration of Criminal Justice Act, 2015 to prosecute Senator Bola Ahmed Tinubu under Section 18 of the Money Laundering Act, 2022 in that on October 4, 1993, the United States District Court, Northern District of Illinois, Eastern Division in case number 93c4483 United…made an order of forfeiture of the sum of $460,000.00 against Bola Ahmed Tinubu.

“An order compelling or mandating the 1st and 2nd defendants to discharge their statutory functions by arresting for prosecution under Section 18 of the Money Laundering Act as there are reasonable grounds to suspect that Senator Bola Ahmed Tinubu the 3rd defendant, committed an offense of the said Money Laundering Act, 2022 in that on October 4, 1993, the United States District Court, Northern District of Illinois, Eastern Division in case number 93c4483 between the United States of America vs Funds in account 263226700 held by the First Heritage Bank in the name of Bola Tinubu, funds in accounts; 39483134, 39483396, 4650279566, 00400220, 39936404, 39936383 held by Citibank N.A, in the name of Bola Tinubu or Compass Finance & Investment Co) and 52050 – 89451951, 52050 – 89451952 and  Funds in accounts 52050 – 89451953 held by Citibank International in the name of Bola Tinubu, made an order of forfeiture of the sum of $460,000.00 against Bola Ahmed Tinubu.”