Date Published: 08/15/11

Tinubu: Is Jonathan running a Government of Compromise? by Dada Popoola

Bola Tinubu

Apart from those playing ostrich to the question of rule of law and its application in Nigeria, discerning minds in the country believe that President Goodluck Ebele Jonathan (GEJ) and the Nigeria legal system vis the rule of law have moral burdens. These burdens include the mess that the judiciary has become on one hand and the continued treatment of some individuals in the country as sacred cows on the other.

Last week, the judiciary lost yet another opportunity to cleanse itself and restore its credibility in the eyes of Nigerians and the world, when in its bid to save one of its own, the National Judicial Council (NJC) asked the President Court of Appeal, Justice Isa Ayo Salami to apologise for lying on oath!

Fundamental questions are already being raised on the outcome of the NJC probe, one of which was the rationale behind the non-treatment of the affidavit sworn to by Senator Umaru Dahiru on the relationship between Justice Salami and the former Governor of Lagos State, Senator Bola Tinubu. Whereas, the Justice Umaru Abdullai-led panel went ahead to hold that the President of the Court of Appeal committed perjury on the same Sokoto issue. No doubt, the decision of the NJC was simply tailored to cover-up the affected jurists on esprit- de-corps basis. More than the NJC probe on which the last is yet to be heard, however, is the greatest cancer which if not checked, will eat up everything Nigeria soon.

That cancer is the application of our laws to some individuals in the country, who are now seen probably as being above the law. One of such individuals is Senator Bola Tinubu, the imperial lord of Lagos, whose criminal cases include alleged forgery of his academic records, lying on oath to contest the Lagos State Governorship poll in 1999 and above all, operation of foreign account while in office as governor of Lagos State.

In 2003, an Alliance for Democracy (AD) governorship aspirant in Lagos State, Mr. Babatunde Olowu deposed to an affidavit at the Federal High Court, Abuja, affirming that Tinubu lied on his age. He stated that on Form CF 001, Senator Bola Ahmed Tinubu claimed to have been born in Lagos on March 29, 1952 whilst by passport No. A158399 issued by the Federal Republic of Nigeria on 16th February 1988, he claimed to have been born on 29th March, 1954 in Iragbiji, Osun State of Nigeria. While still in government, Tinubu was also accused of having 16 foreign accounts operated with different names, including those of his children and relatives. The operation of a foreign bank account by a public officer is contrary to Section 7 of the Code of Conduct Bureau and Tribunal Act, Cap 56 Laws of the Federation, 1990 and punishable under Section 23 (2) of the law. The Act is incorporated under Paragraph 18, Part I of the 5th Schedule to the 1999 Constitution.

Then, the Federal Government had filed charges against him at the Code of Conduct Tribunal (CCT). Tinubu, according to the charge sheet, failed to declare the accounts in the assets declaration form CCB-1, which he submitted to the Bureau when he was elected governor in 1999. In a seven-paragraph affidavit supporting the initial charge, deposed to by Ikechi Iwuagwu, a Deputy Director in the Conduct Bureau, the prosecution claimed; “That on 4th March, 2003, before the expiration of the first term in office of Governor Bola Tinubu, an asset declaration form CCB-1 was sent to the accused person as a public officer.

“That the accused person declared his assets and liabilities in the said form and returned the form to our office on 6th January, 2004. A copy of the said form is hereby attached and marked as Exhibit “A” “That all the assets declared by the accused person are as indicated in the assets declaration from CCB-1.

“Accused person did not declare any other things/assets or the operation of several foreign bank accounts in the said assets declaration form CCB-1submitted by the accused person marked as Exhibit A.

“That I was informed by Mr. O.T Olatigbe, counsel handling this matter and I verily believe him that the accused person is still operating several foreign bank accounts which he did not declare before the Code of Conduct Bureau.”

The foreign bank accounts listed against him in the earlier charge which was just slightly amended by the bureau included; First Heritage Bank, Country Club Hills, Illinois, USA, Account Name: Bola Tinubu, Account No: 263226700. Citibank NA New York, USA, Account Name: Bola Tinubu & Compass Finance and Investment Company Ltd, Account Nos: 39483134, 39483396, 4650279566, 00400220, 39936404, 39936383. Citibank International New-York, Account Name-Bola Tinubu, Account No-52050-89451952 and 52050-89451953. HSBC, 177 Great Portland Street London, WIW 6QJ, Account Name-Sen. Bola Tinubu, Account No-71253670, SORT Code-40-03-15. HSBC, Account Name-Sen. Bola Oluremi Tinubu, Account No-71253670, SORT Code-40-03-15. HSBC, Account Name-Sen. Bola Tinubu.

Others are; HSBC, Account - Tinubu Habitat Oyindamola (Miss), Account No. – 1320960111. HSBC, Account Name- Tinubu Zainab Abisola (Miss), Account No. – 172447101. HSBC, Account Name- Tinubu Oluremi Shade, Account No. – 1916667988 and HSBC, Account Name- Oluremi Shade Tinubu, Account No. – 41421522.

Interestingly then, when the case was mentioned, one Mr. Gbenga Adeyemi, who appeared for Tinubu cited immunity, wondering why the trial was commenced in spite of several judicial pronouncements that a governor enjoyed immunity by virtue of Section 308 of the 1999 Constitution.

Ironically, now that Tinubu no longer enjoys immunity, the case at the Code of Conduct Tribunal has remained more of a riddle than reality. First, it was stories that the trial could not be commenced because of the death of the tribunal chairman, Justice Adebayo Muritala Sanni. Later, the story changed to lack of quorum. We have also been told that two nominees from Benue and Cross Rivers State to bring the tribunal membership to five. But now that the tribunal now has three members and an acting chairman in person of Justice Danladi Umar Yakubu, what is holding the trial of Tinubu and other high profile cases reportedly sent to the tribunal by the Code of Conduct Bureau?

Again, a certain Tunji Olowolafe, a notable member of Tinubu’s party, the Action Congress of Nigeria (ACN) was arrested by the Economic and Financial Crimes Commission (EFCC) sometimes last year. The arrest was at the wake of the reported crisis of confidence between Tinubu and his godson, Governor Babatunde Fashola. Olowolafe was detained for days and was later released, but up till today, EFCC has remained silent on this high profile case.

Also, Nuhu Ribadu, the former chairman of this same EFCC had said sometimes in 2007 that the commission was investigating Tinubu in a case that had an international dimension. So what has happened to the case and its international dimension? Has it ended with Tinubu and Ribadu holding hands at campaign rallies?

As it has been asked on several occasions; when is Code of Conduct Tribunal commencing Tinubu’s trial? Is Tinubu above the law of the land? Or better still, has he pocketed all the major correctional institutions in the country like the judiciary, the security agencies, the anti-corruption agencies, the media, pro-democracy organizations and other men of good conscience?

Most importantly, has Tinubu pocketed President Jonathan or the president is running a government of compromise?

Dr. Popoola is the Coordinator, Justice For All Nations (JFAN), USA.