Trial Of The Opposition Czar

The emergence of former governor of Lagos State, Ahmed Bola Tinubu as a political gladiator in the entire gamut of the South West geo-political zone is phenomenal. Some pundits however, argue that his rising political clout now transcends the Yoruba ethnic group, to include a wider spectrum of people that cut across religious, ethnic and socio-economic classification.

Ahmed Tinubu’s rise from the flank of the Alliance for Democracy (AD), an opposition platform he used in clinching the Lagos governorship seat from April 1999 to 2007, helped to shape his political ideology. Both his critics and loyalists appear to agree that his stewardship brought about significant milestones in the state’s re-engineering process.

During his tenure as governor, he ran a welfare state. The people of the state were consistently at the heart of his government’s policy thrust. These included education, employment generation, security, road network, transportation, among a host of others. This perhaps explains why pundits believe that his increasing political stature is anchored on his involvement in people-politics.

Tinubu, also popularly known as Asiwaju of Lagos, a title bestowed on him by the Oba of Lagos, began his active political career early in 1993 when he was elected senator for Lagos West Senatorial District.This was before the military coup in December 1993 which cut short the third republic. After the widely acclaimed June 12 elections’ results were annulled, Bola Ahmed Tinubu got more involved in the pro-democracy organisation, National Democratic Coalition (NADECO), which swelled the ground with rallies and other activities for the revalidation of the June 12 results annulled by the then military ruler, General Ibrahim Badamasi Babangida. He was compelled to go into exile in 1994 after threats to his life increased but later returned to the country in 1998 after the death of the then military dictator, General Sani Abacha. The activities that followed his return helped to set the stage for civil rule in the country.

When on September 21, 2011, the Asiwaju  was invited to appear before the Code of Conduct Tribunal in Abuja, over charges of 16 foreign accounts he allegedly operated while in office as Lagos State governor, his followers, including party faithful, trooped to the court in huge numbers from across the states to show solidarity with a leader who had staked so much for their welfare. This was nonetheless, in defiance of a restriction order clamped on the opposition leader’s supporters who had previously planned to massively mobilise Action Congress of Nigeria (ACN) members to the tribunal.

As ironic as Tinubu’s trial might seem, despite playing a crucial role in delivering Lagos state to the ruling People’s Democratic Party (PDP) during the April 2011 presidential election, the twist around his arraignment continued even as the president of the nation who rode on his goodwill, was away to the United states of America to attend a meeting of the United Nations on Desertification, Land Degradation and Poverty Eradication in New York.

Although pundits believe that Tinubu’s trial by the Code of Conduct tribunal is not unconnected with his rising political profile, especially his resolve to aim for presidency in 2015, it is however, pertinent that the onus lies on the federal government through Code of Conduct to prove the allegations before the court beyond any doubt.

The allegations levelled against the former Lagos governor originated in 2005 when a joint task force constituted by former president Olusegun Obasanjo, mandated to investigate allegations of financial  crime by governors, made the sweeping statement. But in January 2009, the Economic and Financial Crimes Commission (EFCC), vested with full powers to investigate and prosecute financial crimes and sundry offences, cleared Ahmed Tinubu, Obong Victor Attah of Akwa Ibom among others of any conspiracy, money laundering, abuse of office and corruption in relation to sale of V-Mobile in 2004. Later in September 2009, the British Metropolitan police said it was investigating the Lagos State government in connection with investment in ECONET, later ZAIN Network. Although the Federal Government turned down request to release any documentation to further the investigation, the Governor Tinubu led administration made a statement to the effect that the transaction in question was straight forward, in line with best practices and profitable to the state government.

At the court room, it was a day for the lawyers as two brilliant lawyers Alex Izinyon (SAN), lead counsel who represented the Federal Government, and lead counsel to the defence, Chief Wole Olanipekun, battled on the legal turf. At least 10 Senior advocates of Nigeria(SAN), including 21 other lawyers had formed the former governors legal team signalling battle royale of sort between the ruling party and the ACN, or so it seems. The SANs who appeared for Tinubu were Oluwarotimi Akeredolu, Charles Edosomwan, Niyi Akintola, Dele Belgore, Prof Yemi Osinbajo. Others are Kabiru Turaki, Ifedayo Adedipe, Deji Sasego, and Dr Muiz Banire. Dr Alex Izinyon together with Chukwuma Ekomaru(SAN) represented the Federal Government.

Some lawmakers from the national and state assembly of various states who turned up to witness the trial of one of their own, include; Hon. Ramotalai Hessad, Hon. Gbolahan Yishawu, Hon. Muniru Hakeem, Hon. Rafeequat Onabamiro, Hon. Jumoke Okoya-Thomas, Hon. Ayo Omidiran. Others are Hon. Ajibola Famuyiwa, Hon. Abiodun Balogun, Hon. Emmanuel Ekpeyong, Hon Dada Awoleye, Hon. Kola Olabiyi, and Hon Sunday Adepoju. Among the top echelons of the ACN also present were the state governors of Osun, Rauf Aregbesola, and his Oyo counterpart, Senator Abiola Ajimobi. Other notable figures were former FCT minister, John Akpanudoedehe, Senator Olorunimibe Mamora, Lagos ACN woman leader, Barrister Olabimpe Ajegbomogun, Hon. Abike Dabiri, Former deputy speaker Lagos State House of Assembly, Hon. Toun Adediran, ACN spokesman, Alh. Lai Mohammed,   ACN state chairman in Ekiti, Mr Jide Awe, Osun SSG, Moshood Adeoti among many others.

Although the trial could not commence because pleas were not taken by either side, lead counsel to the prosecution went ahead to request that the defendant be put in the dock, a situation many lawyers argued was not in order since the case never got off to a start.

The trial could not continue because the prosecution filed fresh charges in court on the scheduled trial date and sought the withdrawal of the one previously served in March 2011. In the new charge, Tinubu was said to have operated a number of foreign accounts between 1999 and 2007 with First Heritage Bank in Illinois Citibank of New York, and HSBC in London.

The act is said to be contrary to section 7 of the Code of Conduct and Tribunal Act, Cap C15 LFN,2004 and punishable under section 23(2) of the very Act. The Code of Conduct had maintained  that “the Fifth schedule part 1(3) of the constitution as amended says, the president, vice –president, governor, deputy governor, ministers of the federation and commissioners of the government of states, members of the national assembly, shall not maintain or operate a bank account in any county outside Nigeria. The governor had however at various times denied the allegations.

Izinyon had in his submission insisted that Tinubu must take his plea before he could challenge the jurisdiction of the tribunal to try him. But Olanipekun argued that his client would need an adjournment to enable him study the new charge which the prosecution had served him only that morning in court. He said his client agreed to be in court in person in honour of the court and that, a reciprocal fair treatment should be given to him, and that he, as a legal counsel, came to court to argue the submissions which the prosecution sought to withdraw rather than the new one.

Chairman of the tribunal, Umar Danladi agreed with Tinubu’s lawyer that in fairness to defence, he should be given time to study the new charge and then file his objections. The tribunal consequently adjourned trial to October 26, but warned prosecution to make conscious efforts to enhance speedy prosecution of the matter as his court would not tolerate any attempt to delay proceedings for any reason.

LEADERSHIP gathered that some of the accounts in question cited by the Code of Conduct Bureau had between 700 pounds sterling to 1,000 pounds sterling and belonged to Tinubu’s children, while the leader’s account which he jointly operated with his wife had a balance of about 10,000 pounds sterling, whereas the ACN leaders’ own account contained 21,995. But legal practitioners insist that the failure of the CCB to disclose details of the amount alleged to have been found in the bank account suggests that the bureau agrees that the account were not used to siphon public funds but had raised the charges allegedly on the orders of powers that be, perhaps to compel him to undertake to give up his 2015 political ambition as a condition for his freedom.

“Anyone who reads the story would think Tinubu has been accused of stealing money or laundering billions of naira when in fact, only 21,000 pounds sterling was in his accounts. Now, no fresh deposits were made between 1999 and 2007 when he was governor. Therefore, the Code of Conduct Bureau cannot argue that the money were proceeds of money laundering or financial or economic crime. How can you charge him using his children’s accounts as evidence; accounts that were open long before he became a governor. Is it in the Code of Conduct law that the children of public officers should close their foreign accounts too?

Technically, even though he may not have officially closed the accounts when he was governor, note, he neither operated them. I believe the intention of the framers of the law was to prevent money laundering through operation of foreign accounts. If no deposits were made into such accounts, it means the bureau itself agrees that Tinubu did not use the account to perpetrate any crime. It simply is playing a tune dictated from above”, a source said.

But a top official of the Code of Conduct tribunal who also pleaded anonymity, disagreed that the case was politically motivated. “I don’t believe there is any witch-hunting involved in this trial. The CCB and tribunal Act Cap 56 LFN, 1990, prohibits public officials from operating foreign account before occupying a public office. That is what we are saying,” he said. But Ahmed Tinubu who was first charged on the issue on April 24, 2007, had repeatedly denied any wrongdoing but insisted the matter was politically driven.

Close associates of the ACN who faulted the case on the grounds of frivolity  argued that the FG was only wasting tax payers money on a case they are not willing to release figures of the bank accounts. They said the amounts involved are insignificant and do not in any way prove or suggest fraud of any kind, especially considering Tinubu’s career path before becoming a governor. They said rather, that the battle for the soul of the nation in 2015, evident in the underground lobby for single term tenure system is subtle reason for setting the stage for Tinubu’s trial. The aim of the trial therefore is to gag the party, or so it seems.

“After completing his education at Richard Daley College in Chicago, Illinois, and then he went to Chicago state university from where he graduated in 1979 with a Bachelor of Science degree in accounting. Ashiwaju returned to Nigeria in 1983 and was employed in Mobil oil producing ltd. From there he rose to become an executive in the international company.

“But more importantly, Nigerians should be conscious of the fact that forthcoming guber race in Kogi state and in four other states of the federation are key in strategically drumming up this case. This is with the aim of distracting the leader from being able to galvanise the ACN in each of these states where the Peoples Democratic Party (PDP) is eager to snatch from our party.

“The PDP government and their strategists are much aware of the role Tinubu, as the National Leader of the biggest opposition party in the country, is playing in the country. The plan is to cage the leader so as to cage the party. They have tried so many ways in recent times and have been amazed how the party is impenetrable for their antics. It’s all about politics, particularly the forthcoming governorship election in the other states where guber polls did not hold in April. Then again, you also have the fact that some people are already making plans to perpetuate themselves in office through single term arrangements.

“With Tinubu’s leadership acumen, you can see how the ACN was able to defeat the PDP South-West candidate for speakership, and not only that, the ACN has also systematically become the dominant party there now. It was just a matter of time before the PDP would come after him”.

The new charge sheet obtained by LEADERSHIP read: Count 1: “That you Bola Ahmed Tinubu, former governor of Lagos being a public officer as listed in part 2 of the fifth schedule to the 1999 constitution of the Federal Republic of Nigeria and having subscribed to the oath of office as contained in the fifth schedule to 1999 constitution on assumption of office between 1999 and 2000 and while in office as such, engaged yourself in the operation of several foreign bank accounts namely: First Heritage Bank, Country Club Hills Illinois USA, with account number 263226700.

“CITI bank NA New York, operated in the name of Bola Tinubu and Compass Finance and Investment Co. Ltd, with account number 39483134,39483396,and 4650279566”. The new charge, like the former, did not specify the amount in question.

By way of flashback, this is not the first time the opposition party leader would lock horns with the powers that be in the ruling party. But the issue remains that he at the end wriggles out of each tricky circumstance he finds himself.

Having been a protégé of the Alliance for Deomcracy (AD) leaders such Pa Abraham Adesanya, and Ayo Adebanjo, the Asiwaju appears to have so internalised the ideals of people politics to the point that he can tackle any political opponent no matter how highly placed. These however, come with momentarily painful consequences.

During Tinubu’s eight-year tenure in office as Lagos state governor, his administration no doubt made giant strides in the development of the state. He actually laid the foundations for the rapid development of the state. He among other things, initiated new roads projects to ease transportation among a growing population of Lagos residents, commissioned new housing projects, built schools in addition to raising the internally generated revenue profile of the state. He was above all, involved in titanic battle with the Federal Government over the legitimacy or otherwise in the creation of new local council development areas (LCDAs) which his administration championed, to meet the growing needs of the people.

This led to a faceoff between the governor and the then president Olusegun Obasanjo who directed that funds meant for local councils in the state be frozen forthwith. The issue dragged for a long time before finally the presidency approved the release of funds, but not before the state reverted to the status quo.

Again on points of principle, Tinubu ‘disagreed to agree’ with Adeseye Ogunlewe, a former Lagos state senator who later became minister of Works, and so too Bode George, the then South-West chairman of the PDP who wanted control of the state. The story was the same when he fell out with his deputy, Femi Pedro when he eyed the governorship seat on the platform of ACN. When he refused the blessing of the party’s leader, Pedro deflected to the Labour Party (LP) while still in office as deputy and eventually contested but lost. Tinubu’s magnanimity combined with his tough stance on points of ideology continue to endear him to many of his associates and past opponents who consider him an asset in the efficient management of human and capital resources. His trial at the Code of Conduct tribunal appears to be another baptism of fire from the center. How he would manoeuvre his current hurdle is a matter for another day.