Countering the Triumphalism of Cynicism in 2023 elections

Hundeyin’s allegations that Senator Tinubu is a CIA asset

By Emmanuel Ogebe

• Countering the Triumphalism of Cynicism in 2023 elections – remarks by Emmanuel Ogebe in the NADECO US Conference legal panel

Press Advisory –

Please find below transcript excerpts from last week’s NADECO Conference legal panel with my remarks regarding:

• Hundeyin’s allegations that Senator Tinubu is a CIA asset
• Legal pathways for prompt resolution of the election
• constitutional road map for senate president’s succession on May 29
• countering the Triumphalism of cynicism in 2023 elections
• failure of US and ICC to hold Tinubu and Buhari accountable for past crimes
• capacity building and good lawyering required for legal system to handle election petitions
• stories of courageous justice who escaped bribe/assassination and political pressures in past elections
• Inside The Tanko CJN travesty
• How Obama admin was made to designate Boko Haram as a terror group despite apathy of Nigerians in Diaspora

Moderator Greg Simpkins:

So I think that’s one thing you have to consider about the US government, and it doesn’t matter whether it’s Democrat or Republican, whether it’s liberal or conservative, most people don’t understand the government. And so they underestimate the ability of Africa to do the right thing. And they look only at the security, which is, uh, what’s going to happen to the United States?
Is this going to be a problem for the United States? They don’t look at, “Is this going to be a problem for the Nigerian people? So I think that you have to understand that American people don’t know much about Africans, not even African Americans, for the most part. Somebody was saying, oh, the saying, we need to get the, the, uh, convocation of my caucus to get engaged. You know, they need to be educated too, because they usually fall into the same box as other members of Congress, which is, well, is this good for the US or not?
In the case of the black representatives, and this goes way back to today’s era, they don’t want to criticize African leaders, but my fear is that we should be the advocates of African people, not African leaders. But that’s what we do all the time. So when an African leader does something, it’s not what you’re thinking. Yeah, it is. Protect the people. If they don’t protect the people, then we should have the people’s back.

So, NADECO was looking at a strategy to go to the grassroots, to educate people in the communities that you live in, and for you to do things that tell your neighbor about Nigeria and why Nigeria is important to them. They don’t know; you have to tell them, and in doing that, in those communities, the members of Congress will hear that from voters.
They will hear from Nigerian Americans who are voters. When you go to a congressman’s eri senator’s office, you’re a protester. You’re an advocate. I’ve been in Congress for over 20 years. Do you know how many people come in as advocates and see that all the time? That doesn’t really move them. What they need to know is that the people in my district want me to do this, so I need to do that. That’s what we need to do, and that’s what NADECO is planning on doing in the next phase. And I hope all of you who agree with that will support the deco in all the ways that you can, because that’s the only way this is going to work.

My colleague was telling me earlier about petitions that have been circulated among Nigerians to do certain things over the years, and relatively few Nigerian Americans sign up for these things. If you don’t sign on, if you don’t tell people what you think, how do you expect Americans who don’t have any idea about what they’ve heard about Nigerians? They know Nigerians, but they know Nigerians as Americans. They don’t know Nigerians as Nigerians. They don’t know Nigerians as citizens of one of the most important countries in the world. Americans don’t realize that if it really goes off the axis, how bad that’s going to be, not just for West Africa, not just for Africa, but for the world at large.

So anyway, a lot of people talked about the elections. Um, we wanted to say a few more things about the elections and move on. Mike Kelly, Emmanuel, was an observer, and he will give his view before we go to the legal discussion of what will happen now in the next phase where you have candidates challenging the elections.

Let me just read you this little bit that was in a statement that NADECO released about two weeks ago, two and a half weeks ago. This comes from Constance Barry Newman, who was the former assistant secretary of state for Africa and a former assistant administrator for Africa in the USA. She was part of the election observation district. I don’t know if that was the same team that you were on, but whatever she said, she cited three main problems in the election.

One was a lack of transparency, so voters in the public did not understand why the election was published late. Two – polling sites opened very late because of late transportation of materials, missing materials, and the late arrival of staff. This led to frustrated, often angry voters, a limited number of whom left and a small number of whom engaged in violent activities. And three, a seemingly ineffective and late tabulation announcement process that raised concerns about the announcement results.

Now I’d like to have Emmanuel, who was an eyewitness to some of this, just tell you what he saw.

Emmanuel Ogebe, ESQ:

Thank you very much, Greg. And, uh, gentlemen and ladies, I want to let you know that Greg and I were two of the key people who got the United States government to designate Boko Haram as a foreign terrorist organization. Let’s appreciate him.

If we go back to the last petition , we tried to get Nigerians to sign, uh, a petition on the White House website to designate Boko Haram as a foreign terrorist organization. We needed a hundred thousand signatures. We got less than 5,000 signatures. Even Howard Jeter, the former US Ambassador to Nigeria signed the petition, but with over a million Nigerians or people of Nigerian descent in the USA, we couldn’t get 5,000 signatures to, uh, effect that referendum, so to speak.

So having failed with that effort, this gentleman who was in the US Congress Africa & Human Rights SubCommittee, said, “Enough is enough. Let’s create a bill to force the US government to designate Boko Haram” and because of the bill that he drafted, President Obama had no choice but to designate Boko Haram as a terrorist organization, thereby defeating Ambassador John Campbell, a former US ambassador to Nigeria, who led 20 American academics to oppose the designation of Boko Haram.

It was a David and Goliath battle.

Why did I feel the need to illustrate that? We’re talking about elections in Nigeria. We’re here in America. We have the right, through a White House website, to vote for policy change in Nigeria. Is that not a shame on us as a people? I want to start by saying that we are simultaneously the most economically empowered people and the most politically disempowered people because we do not have political influence in the US and we do not have it in Nigeria.

We do not have the votes. In my case, I travel to Nigeria so much that I was able to go and register and get my PVC. It took me three trips specifically to get there and get my PVC, and in 2019, I was able to vote. And so in 2023, I said, “This is a very simple matter; I have done this before; I should be able to do it again.”

I have traveled to Nigeria, remember, as a participant observer, because unlike other observers, they don’t have the right to vote. And so I went as a participant observer to my hometown of Makurdi.

The BVAS failed to accredit me. They tried with my eyes; it failed; they tried with my fingerprints; it failed. After four tries, they sent me to my former polling booth of 2019. Now why this is important is that INEC actually texted me on my phone and told me that my polling unit had changed and gave me a link to go and look for my new polling unit, so I went to their website and found my new polling unit, and I was very impressed. It was very comprehensive- all the polling units, a hundred and seventy-six thousand, six hundred of them are online and accessible.

And so I went back to my old polling unit, and they tried my fingerprints and my eye scan but I was not there, so I went back to the new polling unit, and we tried. Now, I don’t know if you know this, but I am a very dark-skinned gentleman, and so when I got there, I said to them out of desperation, “Guys, we’ve been doing this under the canopy; why don’t we go under the sun? Maybe the BVAS will recognize me.” I’m so dark I usually take extra flash for myself when I’m going to take photographs, but we went under the sun, they tried, and it failed.

So after six tries, I abandoned the voting and drove back to Abuja, and like all the other observers, we were in the Hilton hotel watching what we expected would be the returns. There was so much interest in the elections in Nigeria this year that four African presidents were there as observers. But the sad thing is that what happened in this election justifies what President Jimmy Carter said many years ago when he came on his last election observation in Nigeria.

He said that this was a charade, and he vowed never to come back to Nigeria again to observe elections. That’s the only country that Jimmy Carter vowed never to come back to, and this year even the Carter Foundation refused to come, even though of course they were invited.

Now I will move quickly forward. A lot of you saw the report I gave at the last NADECO press conference at the press club, so I will not rehash a lot of what happened, but during the governorship elections, I did not bother to go back to Nigeria.

I was in Rome for the Easter break, and as I arrived in Rome, a gentleman, you know, saw me standing trying to find my hotel. He looked African. He came up to me and asked, “Where are you from?” He called another African country. I was told that people think I’m from Gambia, and I said “no, I’m not from there.” I asked, “Where are you from?” He said Eritrea. I gave him my phone to look at the address of my hotel, and that man snatched my phone, which was a wallet phone, and ran with it. He pulled out the euros in it, threw the phone at me, and left. And I was traumatized because I have not been physically robbed before, and as I was walking to my hotel, having recovered my phone, which he was kind enough to leave for me because he knew it was passworded and of no use (he had compassion on me as a fellow African immigrant, and he left the dollars) it was only the euros he took. As I was walking back, I said to myself, “I thought that I had never been robbed before,” and I flashed back to the trauma I felt and saw in Nigeria after that election.

There was a national mood of tragedy that was discernible in the air because that day as I left Makurdi, I traveled through Nassarawa state and traveled through, uh, the FCT, and I saw people voting peacefully and happily, but as I was leaving, I flew out through Lagos, and the mood was grim; people were depressed.

Now I want to say two things: when Abacha, who imprisoned me and forced me into exile here, died, people danced on the streets of Nigeria. I was also in Nigeria when Yar’adua died, and people were just relieved that this was over. So, the thing that brings joy to Nigerians, which I’ve noticed, is the death of their leaders, and by bringing joy contrary to our culture, that shows you how much harm they do to the system.

And this was one election in which a leader was elected and people were depressed, so we’re going backward!

I want to quickly go ahead and just highlight a few quick lessons from my observation.

• One of the things I observed was that in Nigeria, the government is the organized crime and the citizens are the personal government, so we have a complete role reversal. That’s why I appreciate the point that was made by Gethsamane. In the same way that in the United States of America, the police who kill black minorities are a remnant of the slave patrols of the past, the Nigerian police force is a remnant of the colonial-related authorities that were made to suppress the citizens. So we don’t have law enforcement in Nigeria; we have “oppression enforcement.”
• Now I can tell you this unfortunately and it’s true, I’m privileged in Nigeria.

I belong to a privileged class – all of us are because when we approach a checkpoint, the police have only two default settings: frown and smile – when they see you in your flashy SUV, they smile at you so that you can give them money, when the poor person arrives in his jalopy, they frown at him so that he gives them money. That is all it is, it is extortion, and so when we have what the contestant my learned colleague from Wales said that it was the police themselves who were engaging in ballot snatching and stamping, we understand what we didn’t realise before that Nigeria is a hijacked state, and Lagos in particular is a mafia state!

Let me make two important distinctions about that: we have Tinubu in Lagos, who has never left power since he left power. In other words, everybody who has ruled in that state has been a caretaker at his best.

Lagos is officially a mafia state; in other words, his thugs control everything; he controls the finances, and this is very important. His two daughters bought houses in New York for cash years after he forfeited money; he forfeited half a million dollars for drug money laundering.

What does that tell you? That he has not repented of drug money laundering, and now he has recruited his children to launder in the United States, where he forfeited money, and then, of course, his son was recently exposed as having laundered money in the UK. So this is a serial offender, and who do I blame for his serial offending? The United States of America, because if Tinubu had been prosecuted as he deserved to be at that time, he would not be running for office now.

Now, in researching that issue because it has come up in the election petitions, I was told by retired DOJ officials that the likely reason they were not prosecuting him was that he was not in the country, and so they went after the asset, but since Tinubu has constantly continued coming to the U.S., and as we speak, we see a situation where that issue is now in the court in Nigeria, and the investigative journalist David Hundeyin has said “I have requested repeatedly from the U.S. for the records of Tinubu, and they refuse to give them to me,”’and he says “the only conclusion I can come to is that he is a covert asset for the United States of America.”

Now that is a shocking conclusion, but it is a plausible one. It is against U.S. law to expose the identity of a CIA operative, but if it is a CIA asset, that’s a different question, and I am concerned because of a couple of things.

The fact that Tinubu has continued to use his family members to launder money to the U.S. seems to give him some kind of impunity, so there’s something that he knows that we don’t know.
Now the other issue with Tinubu is, again, you’d ask for the reports, and the U.S. is not providing them, and I’m communicating to the U.S. embassy and to the authorities here. I said “all we need from you is cooperation—we’re not saying that you should interfere in elections —this is the most impactful thing you can ever do for Nigeria—is to provide the records of this gentleman. Let’s know what we’re dealing with.”

Now one of his certificates shows his gender is female. If he is transgender, there’s nothing in the Nigerian constitution that says transgender people cannot be president of Nigeria; there’s no gender requirement. Why don’t we know what’s going on?

So I will, you know, stop with these few remarks, and, I think we’ll hear from Bruce…

Emmanuel Ogebe, ESQ:

Now, I want to say that we all know about the major human rights campaigns out of Nigeria. The first one is the hashtag “#Bring Back Our Girls” and the second one “#EndSARs” involves police brutality. The other one involved terrorists. In southern Nigeria, we have the mafia state of Lagos, for instance, that was responsible for #EndSARs and has now produced a president. In the north, we have the Islamic terrorist state of Borno, that has produced the vice president. So the two most terror-related states in the country have basically been rewarded with the presidency, and so in 2014, we had the kidnapping of 276 school girls.In 2023, we will have the kidnapping of 200 million people. That is essentially what happened in that election!

Now, I want to go through the legal issues, but before I talk about the current legal issues, let me say that the legal system domestically and internationally has already failed us. That’s where we are because with that asset forfeiture of Tinubu from 30 years ago, he was not eligible under the Constitution to have been governor. So that should stultify need for power.

The second point I want to make here is that after he lost half a million dollars to the US, Because of drug money laundering, he decided to change his business model and become a senator because there you can steal with impunity.

So what we have in Nigeria is that armed robbers are changing their business model from robbing a bank in one day to robbing a nation for four or eight years. That’s simply what’s happening.
That’s why we look at a lot of people in the APC today. Many of them were people who were held to account in this system and went back to Nigeria with their loot and worked their way into the political system.

Now, I want to focus on the elections. What happened was that in 2011, there was post-election violence orchestrated by Buhari and his minions. In a 48-hour period, they killed over a thousand people and destroyed 700 churches in the twelve Sharia states of northern Nigeria. Think about it. The violence was isolated to the twelve Sharia states. It was very systematic. I undertook a fact-finding mission – my mother’s village was affected. Twelve people were killed; my cousin was shot five times before the army rescued him, but two things have happened: my cousin has never been able to go back to that village since 2011, because they have vowed to kill him.

He was the one who was smart enough to move the elder people across the mountain to the Plateau side. Yes, to this day he can’t move back, but it’s not just my cousin who was impacted. Buhari was petitioned to the International Criminal Court for this attack that happened in Nigeria. Remember that it happened at the same time that the Kenyan violent elections occurred. Well, what happened was that the Kenyan case was prosecuted at the ICC, and guess what happened to Buhari? He was invited to the ICC to give a lecture. This is somebody who is a suspect in your court. He was invited to give a lecture, and of course we petitioned the ICC and said, “Look, there are all these petitions against him. How can you entertain a suspect in your court to give you a lecture?” And so that prosecutor left; she was a Gambian, Fatou Bensouda, and a new prosecutor came in; “This is a British guy; he’ll do the right thing.” What did the new prosecutor do last year? He went to Nigeria to pay a courtesy call on Buhari, and told Buhari that he should go and lobby other West African presidents, and they should go to the UN Security Council to ask them to ask him to investigate the crisis in Nigeria. When I saw that I wrote a petition to him, I said, “Are you stupid? You are authorized by the Rome statute to investigate any country where crimes occur. So why are you asking somebody to authorize you to do what you are authorized to do?”

I mean, you need to understand the level of stupidity that a lawyer who is a prosecutor is asking somebody to tell somebody to ask him to prosecute.

Meanwhile, his predecessor who was going out, as bad as she was, actually said in her handover notes “that Nigeria should be investigated and that I’m leaving it to my successor “. So you’ve already been given the roadmap , and the second aspect is that Buhari is a suspect before your court for crimes against humanity, and you want to ask him to go and tell the UN that it should agree to authorize an investigation. How is that even possible? So I’m saying that the international legal system already failed Nigeria, because if Buhari had been prosecuted for the 1000 lives that he took in 2011, he would not be president now, and he would not have midwifed the process that brought Tinubu to succeed him.

Now, having said that, I want to, of course,connect it to the present proceedings in court. Let me start by saying that since I came on exile, and I should explain that as a young human rights lawyer, I wrote a petition to Abacha, asking that he investigate the murder of Kudirat Abiola, and two, that he should resolve the issue of June 12. He replied, which is very kind of him, that he would reply. He replied by sending military guys to abduct me to the presidency where I was tortured. I am one of the few people on earth who was taken directly to the presidential villa to be tortured. After a week of torture, they moved me to prison for several months before I ultimately came on exile to the US the following year.

The point of the fact is that since that time that I came to the US, I began writing proposals to the US government that we need to build the capacity of the Nigerian legal system and judiciary to handle elections.

The first proposal I wrote was on the 1999 elections, and exactly the problem we had then is the problem we have today. Nigeria’s legal system does not have the technical capacity to litigate the presidential election. Why do I say so? It’s very simple. In Washington, across the street here, if you have a case, you have 500 lawyers in front of 500 computers looking at documents; in their New York office; they have 500 lawyers; across the country, they have 2000 lawyers working on the same case, searching documents to establish the evidence. In Nigeria, there is no law firm that can review polling results from 176,000 polling units. There is none, none in Nigeria.

Now, so here’s the problem: you have 21 days to file your petition. In most cases, if you defame somebody, you have one year to file your case before the statutory deadline, and that’s publication of one article.

Now, you are breached in 176,000 polling units, and you have 21 days to file your petition. How is that even humanly possible?That is why, consistently, the courts have been unable to overturn cases because the evidence was not provided to them. But this year, there’s a game changer.

Now, let me quickly say that in 2019, what happened was that the PDP brought in experts, and I was embedded with the observatory. They brought in experts to capture information on the server about the elections, and they wanted to prove that the election was rigged. All that happened was that INEC showed up in court and said, “Oh, we don’t have a server,” and completely destroyed the case of PDP. So this year, the game changer is that INEC brought out the IREV, which is a portal on which all the results are supposed to be uploaded in real time. So, for the first time, you and I,and all the lawyers in Nigeria, have access to an actual portal where we can see the results, without needing physical copies, from home. So, it’s a game changer. We finally have the opportunity and the capacity to overturn an election!

Having said all of that, let me say that one of the issues that is of concern to everyone is the timeline. When will the court hear this matter? And will a new president be sworn in as a result? We’re all concerned about it.

I differ with Don Pedro about the issue of whether you can restrain the government from being sworn in. You can. I researched it because I was in Nigeria for the supplementary elections (I just came back). Respectfully, there’s no vacuum if you obtain a restraint injunction preventing the government from handing over to the dubious president elect. The constitutional succession plan is that the president of the Senate would take over.

So there’s no vacuum. And then, secondly, this is my personal recommendation to fast-track the legal process. What I believe should happen tomorrow at the tribunal is that the lawyers for PDP and labor should approach the court and say that, “under the law, INEC is meant to review our objections within seven days. They failed to do that. So, direct INEC to do the review right now,and let us see what the review will show.” Do you know that if you go to IREV right now, the Labor Party won the Rivers State so that brings both parties’ states to twelve each, plus FCT (LP)? That is already a game changer.

So if they literally review a printout of the Rivers’ IREV and tender it in court right now, the results will already change. And what will happen is that they will be forced to do either of two things:
A runoff, as Pedro said, or, you know, the problem is solved instantly. That is what will happen.

Secondly, the other option – If you refrain from what I’m saying could happen this week, restrain the handover, wait till May 29, when the Senate president takes over, and the Constitution says that he can only be in office for three months and he must organize an election immediately.

So we have two ways of getting this resolved – in one week or getting it resolved on May 29. With those comments, I will stop for questions.

Emmanuel Ogebe, ESQ:

So let me quickly respond to that, because again,this is an issue that I actually sat down and discussed with lawmakers while I was in Nigeria. In Nigeria, the National Assembly assembly exists longer than the executive. They last for two weeks longer because of the June commencement term. So technically speaking, they don’t live a regular life. So if we restrain the handover, the Senate president will take over. The feedback that they gave me is that he will only continue for two weeks. And my response to that is this, at that point, he’s no longer a senator; he’s an acting president. Yes. And the Constitution says he can rule for three months.

So it is a debatable issue, and we should assess it. So I would rather we have the senate president take over than Buhari to continue for another 3 months.

Emmanuel Ogebe, ESQ:

Let me quickly address some of the remarks that have been made. As the son of the judiciary, I want to speak of some of the courageous judges that we have in our country. There was a judge who was on an election tribunal for a state in southeast Nigeria when he refused the offer of N250,000,000 at the time, a Jeep and a house.

The next thing that the governor did was to get the steward in the guesthouse where he was staying to poison him. This happened in Nigeria. I know the judge. By the grace of God, The steward didn’t follow through with it, exposed it and the judge recused himself from the matter. That man rose to become a justice of the Supreme Court of Nigeria. And last year, I attended his valedictory session at his retirement. In his retirement speech in the hall of the Supreme Court, he said that corruption in the Supreme court needs to be investigated. It has never been done in the history of Nigeria. A sitting judge said in front of his other colleagues that corruption in the Supreme Court should be investigated, and because of that statement, it was found that the Chief Justice of Nigeria was not only mismanaging the court, but he was corrupt and looting resources, and he was forced to resign. It was a judge who was courageous enough to speak who led to his resignation.

How did Tanko get there in 2019?

In January, General Buhari framed the sitting Chief Judge of Nigeria, unconstitutionally removed him in a coup, and then appointed a Sharia judge as the Chief Justice of Nigeria.
We always knew, because we knew why he was doing it. I was in the Supreme Court on the day that this happened. We had just visited Chief justice Onnoghen . And when we came downstairs, we saw Justice Tanko arriving in court on a Friday afternoon. On Friday afternoons, Muslim judges don’t come to the court because they go to the mosque. We did not know. When I left the Supreme Court, I got a call from the US Embassy saying that I should confirm if it is true that the CJN has just been removed. I said that’s not possible because I just left the court and the CJN was in his chambers. When I got home, we turned on the TV and saw Justice Tanko being sworn in as the CJN while the CJN was in his office. That is how people in that country are. I saw it as an eyewitness.
I wrote a petition. I basically committed professional suicide because I wrote a petition to the CJN and said, “Look,what this man did is illegal. He has broken everything in the judicial oath, everything.”

When I filed the petition, the NJC refused to accept it because they said I had deposed in Washington. So I flew to Nigeria, deposed to it there, and resubmitted it. To this day, That petition was not acted on.And I knew I committed professional suicide because, as a Barrister of the Supreme Court of Nigeria, I petitioned against the CJN in the NJC, which he heads. And you know, by God’s grace, I was vindicated last year when all the other judges protested against him and he was forced out of office. So sometimes you need to take your stand because history and divinity will vindicate you. Let me say that what is happening in Nigeria right now is the triumphalism of cynicism.

Why? For them to sit down with what they call in Nigeria “openchest” and say, “Go to court”, They were presenting us with fait accompli. They fight with impunity. “We do what we want to do: go to court.”They actually meant “go to blazes.”

And that’s why I’m coming up with this counter, which is that we should go to the court and ask the court to decide this issue, this preliminary issue, now, not wait till May, which is what they are hoping for right now. And this has been done before.

I’ll give a quick illustration. In the 2007 election petition, there were parties who came to appeal court tribunal and raised a preliminary issue. The tribunal did not feel that that was a legitimate issue and dismissed it. The parties immediately appealed to the Supreme Court. So the tribunal waited for the Supreme Court to act. Guess what? The Supreme Court acted only in two weeks, responded, and reversed. So the tribunal had to attend to it.

what I am saying? I’m saying that it has happened in Nigeria that an appeal went from the election tribunal to the Supreme Court and was resolved in two weeks in election appeal of 2007.
The 2007 election tribunal was headed by my father. And I can tell you, it was the shortest hearing of a presidential election in the history of Nigeria, because the facts were there, the evidence was there, and they ruled on what they saw. But let me add an angle that I don’t usually go into.

There are people of integrity in the Supreme Court and in some of the courts in Nigeria. In that 2007 election petition, I was approached and offered the attorney general of Nigeria if I would influence my father to rule in a certain way.

End Transcript

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Topic: NADECO International Conference on Nigeria 2023
Time: May 7-8, 2023
NIGERIA AT THE CROSSROADS
2023 ELECTIONS, ISSUES, AND SOLUTIONS

Venue: Capital Hilton Hotel 1001 16th St NW,
Washington, DC 20036RSVP 202-840-8903
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NADECO: Good Governance & Accountability

Video – NADECO conference legal panel in US discusses resolution of Presidential Election Petition by Tribunal in May
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