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Nairaland Forum / Nairaland / General / Politics / Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement (4229 Views)
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Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by Nobody: 9:26am On Apr 13, 2023 |
The judgment, which was delivered in the case of Mohammed Abacha versus the Federal Republic of Nigeria, by the current Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, while serving as a Supreme Court justice, declared that forfeiture means “the loss of a right, privilege or property because of a crime”. “The word ‘forfeiture’ means the divestiture of property without compensation. The loss of a right, privilege, or property because of a crime, breach of obligation, or neglect of duty,” Justice Ariwoola held in a majority decision. He noted that any person who has forfeited property on the basis of a crime cannot be entitled to indemnity, adding that forfeiture is a form of punishment, and that there is no indemnity in Nigeria’s criminal procedure. While many legal experts have argued that the Tinubu’s case is quite different from that of Mohammed Abacha, others stated that the peculiarities of the case would need the court to determine if the US court’s ruling has relevance in Nigeria. Though the Peoples Democratic Party (PDP) and its presidential candidate, Atiku Abubakar, did not include the Chicago drug case in their petitions challenging the declaration of Tinubu as President-elect, the party’s Presidential Campaign Council had in January threatened to drag Tinubu to court. The party’s campaign council had argued that he should not participate in the February 25 presidential election on the premise of an alleged criminal case of trafficking in drugs that led to his subsequent forfeiture of the sum of $460,000 to the US authorities. The spokesperson of the Atiku/Okowa Campaign Organisation, Mr. Kola Ologbondiyan, who spoke in Abuja, had expressed the determination of the campaign council to file for an accelerated hearing in the case in the interest of the nation. According to him, Nigeria’s laws do not permit an alleged convict, let alone an individual convicted on account of the international crime of trafficking in narcotics, to stand election at any level, adding that Nigeria cannot afford the embarrassment of having an alleged convict hold office at any level. He added that the campaign council would ask the court to “declare Tinubu, the presidential candidate of the APC, having been allegedly convicted, as ineligible to contest the Presidential election under section 137 (1) (d) of the 1999 Constitution; “Compel the Independent National Electoral Commission (INEC) to immediately delist Asiwaju Bola Tinubu as the presidential candidate of the APC or any other political party for that matter and expunge his name from all materials and documents related to the 2023 presidential election. “For the avoidance of doubt, the United States Court in sentencing Tinubu ordered, ‘that the funds in the amount of $460,000 in the name of Tinubu represents proceeds of alleged narcotics trafficking or were involved in financial transactions in violation of 18 U.S.C. S1956 and 1957 and therefore these funds are forfeited to the United States pursuant to 21 U.S.C. S881(a)(6) and 18 U.S.C S981.’ “From the declaration of the court and the sentencing, it is clear that Tinubu was summarily convicted by the court, took no step to challenge the judgment but acceded to the forfeiture of the $460,000 found to be the proceeds of narcotics trafficking,” it stressed. Ologbondiyan further noted that “Nigeria is a signatory to such international conventions and therefore is mandatorily obligated to implement the consequential effect of the conviction imposed on Tinubu by a court of competent jurisdiction in the criminal case of trafficking in narcotics. “The import of the foregoing is that under the 1999 Constitution (as amended), having been so convicted and fined and having acceded to the sentencing by way of forfeiture of $460,000 and have not received any state pardon or acquitted by any court of competent jurisdiction, Asiwaju Tinubu remains a convict and the consequential effect is that he cannot contest the election at any level in Nigeria. “The effect is that the listing of the name of Bola Tinubu, who stands allegedly convicted by a court of competent jurisdiction on the ballot for the 2023 presidential election is by the virtue of Section 137 (1) (d) of the 1999 Constitution (as amended) fundamentally illegal, invalid and must be expunged immediately,” he further explained. But responding to the PDP campaign council’s press conference, the spokesman for the APC Presidential Campaign Council, Festus Keyamo, had described the Atiku/Okowa Organisation as a body that was deficient in ideas and originality. He noted that until its APC counterpart took Atiku to court for alleged confession to have fraudulently helped himself to state resources while serving as Vice President, the PDP campaign council did not know the road to court. He said: “Why did they wait all these months until we filed before they are now rushing to court? I challenged them more than two months ago, yet they did nothing. It shows a team that is lacking in originality, lacking in ideas, and lacking in vision. “It is just an attempt to create a counter-suit to our own. Unfortunately for them, Nigerians have seen through them already. They are Special Purpose Vehicles advocates that are trying to turn the tide of public opinion. Nigerians have decided; Nigerians have rejected them. This is so laughable that Nigerians are beginning to see that these are remorseless people; leopards that cannot change their skin.” While Tinubu’s traducers have argued that his victory would be upturned by the courts, his supporters think otherwise, given the fact that he has never been convicted by any court anywhere to warrant his disqualification from occupying elective offices. However, no matter the outcome of Obi’s petition in the election tribunal, the final decision on his petition will put the issue of Tinubu’s forfeiture of $460,000 to rest permanently. https://www.thisdaylive.com/index.php/2023/04/02/obis-petition-as-tinubus-nightmare 4 Likes |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by BrotherShade: 9:27am On Apr 13, 2023 |
😎 We the good people of Nigeria hope CJN Ariwoola gives us a sound judgment without bias of any kind. We all know that CJN Ariwoola is a Yoruba man by birth and Nigerians believe he will rule in favour of Tinubu by all means. Fingers crossed 😎 16 Likes 2 Shares |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by cktheluckyman: 9:28am On Apr 13, 2023 |
Tinubu is in trouble 15 Likes 3 Shares |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by silvoclaira: 9:29am On Apr 13, 2023 |
They should extradite Tinubu abegi, to face the charges 16 Likes 3 Shares |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by Christistruth03: 9:31am On Apr 13, 2023 |
1 Like
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Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by Clairvoyancy: 9:38am On Apr 13, 2023 |
All eyes on the CJN. He's been watched globally. His actions or inactions is a great determinants of the existence of Nigeria. I believe he has a Yoruba knows that a good name is better than silver and gold. Whatever judgement he makes on this, his name will forever go down in the book of Nigeria history, be it for good or for bad? The choice is his. 4 Likes |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by Kudf: 9:41am On Apr 13, 2023 |
Nice |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by Phoen1X: 9:43am On Apr 13, 2023 |
Let's hope the good judge will not contradict himself and his earlier rulings by turning 360degree,...cus tinubu's drug money is infectious and it corrupts even the brightest of minds. 14 Likes 1 Share |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by Nobody: 11:17am On Apr 13, 2023 |
Clairvoyancy: |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by Upworkwriter007(f): 11:19am On Apr 13, 2023 |
Phoen1X:I don't think so, the "High Court" in Nigeria can enforce a foreign judgment as if it emanated from it. The time within which a foreign judgment can be enforced is six (6) years from the date of delivery of judgment. 3 Likes 1 Share |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by Nobody: 2:02pm On Apr 13, 2023 |
Upworkwriter007:Lol. Nairaland under-the-mangoro-tree counsel. 8 Likes 1 Share |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by Nobody: 4:13pm On Apr 13, 2023 |
Phoen1X: |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by Raskimonojendor: 4:14pm On Apr 13, 2023 |
Christistruth03:I remember Tafa Balogun that year |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by 9jahotblog: 4:17pm On Apr 13, 2023 |
Good judgement from the CJN Ariwoola. We await another judgement that relate to it in the presidential election petition too in the Supreme Court of justice. 1 Like |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by stocktaker: 4:44pm On Apr 13, 2023 |
9jahotblog:. If you receive a stolen money umknowingly from a friend who later found to be theif and the stolen cash was found in ur custody If the matter get to court and your criminal friend and other witnesses testifies that you innocently kept the money for him without knowing its from criminal activities and the judge asked that the money be forfeited Pls can we call you a criminal ? 1 Like 1 Share |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by Nobody: 4:48pm On Apr 13, 2023 |
stocktaker:Rephrase this. I can tell you it's not making sense at all. 11 Likes 1 Share |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by stocktaker: 5:06pm On Apr 13, 2023 |
North4Obi23:. If you innocently receive a stolen property and keep it , if the stolen property is found in your custody and the judge deliver a judgment that the property be forfeited after establish that you innocently receive the stolen property Can we Call you a Criminal ? |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by AcuraZDX: 5:18pm On Apr 13, 2023 |
stocktaker: Their is what is called "accomplice" in law. As an "innocent person" what you are supposed to do in such a situation is to report to security agencies that a suspicious amount of money was paid into your account. Anything short of that, you're an accomplice to the crime and you're a criminal. Any more question? 9 Likes |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by 9jahotblog: 5:21pm On Apr 13, 2023 |
stocktaker:yes. Besides drug baron Tinubu is a cclueless drug criminal. The whole world knows about it. No hiding place for any criminal acts in this nation Nigeria. 7 Likes |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by 9jahotblog: 5:21pm On Apr 13, 2023 |
Barrister fergie001, please kindly shed more light on the judgement. Thanks for your time |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by PROUDIGBO(m): 5:48pm On Apr 13, 2023 |
AcuraZDX: Hehehehehe 4 Likes |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by Guide777(m): 5:55pm On Apr 13, 2023 |
If any contrary judgement is delivered, then Abacha's estate must be restored and apology rendered to his family. 5 Likes |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by saysoo: 6:49pm On Apr 13, 2023 |
Guide777:Maybe the family is patiently waiting for the judgement. 4 Likes |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by favor914: 7:00pm On Apr 13, 2023 |
AcuraZDX:This Obidient Loser still dey open his Empty Barrel Basketmouth? Shameless Esn to Obidient thing, when the Supreme Court of Nigeria affirms your ignorance, we will see what your new obscured narrative will be? |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by favor914: 7:04pm On Apr 13, 2023 |
Guide777:Don’t know why you Obidient haters keep deceiving yourselves? You see blue, you Obidients will claim that it is red? |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by maivd: 7:06pm On Apr 13, 2023 |
The noose is tightening |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by KanwuliaExtra: 7:07pm On Apr 13, 2023 |
Let him use his wheel-chair to move backwards on his past judgement. APCheats have agreed there was a criminal forfeiture. They are now singing that : IT HAPPENED OVER 10 YEARS AGO and NIGERIA HAS NO JURISDICTION OVER THE MATTER. See all the passports in his hands? Ready to JAPA as soon as he commits his own judicial blunder! Just looking at him alone. . . you can tell he is a member of several DIABOLICAL CULTS all over Nigeria. What a DIRTY, SHABBY and SHADY fellow. See the 'blood-shot' eyes? Dis one is alway on HEROINE for sure! THE MOST UNKEMPT CJN NIGERIA EVER SAW. . . TWAAAAAAAAAAAAAAH!!!! 2 Likes
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Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by Nobody: 7:40pm On Apr 13, 2023 |
North4Obi23: |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by Nobody: 7:41pm On Apr 13, 2023 |
North4Obi23: Hmmm, we're waiting for Ariwoola |
Re: Breaking: There Can't Be Forfeiture Without A Crime, CJN Ariwoola Past Judgement by PHIPEX(m): 8:44pm On Apr 13, 2023 |
stocktaker:Have you heard the saying "no ignorance in law"? 1 Like |
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