Atiku Abubakar

On 3 August 2005, federal agents searched Atiku's Potomac, Maryland home on the same day as properties of US Congressman William Jefferson. Jefferson's June 2007 indictment alleges he offered a bribe to an unnamed 'Nigerian Official A' at that official's Potomac residence, and that he hid $90,000 of $100,000 meant as a 'front-end bribe payment' to that official in his freezer. The DOJ did not name Official A; Nigerian and international media identified Atiku. The EFCC also opened an inquiry at US request. On 5 August 2009 a federal jury convicted Jefferson of bribery-related counts. Vanguard reported that he was acquitted on the charge relating to the planned payment to Atiku. According to the US Senate PSI report, a trial videotape showed Jefferson mentioning Atiku, but 'no evidence was introduced showing that Mr. Abubakar had actually sought or accepted a bribe'. Atiku was never charged in the US and denied wrongdoing.

The Federal Government filed a charge at the Code of Conduct Tribunal (CCT) against Atiku, then Vice President, over the handling of PTDF funds. Premium Times reports it as an 18-count charge. Atiku challenged it at the Federal High Court, Abuja. On 20 December 2006, A.I. Chikere J granted all his reliefs and held that his immunity under s.308 of the Constitution covered CCT proceedings. On 5 April 2007 the Court of Appeal dismissed the Attorney-General's appeal. It held that the CCT cannot hear allegations against a sitting President, Vice President, Governor or Deputy Governor while in office. The charge was never tried. No reviewed source records a trial, conviction, or later revival of the charge after his term ended in May 2007.

Atiku filed an originating summons at the Court of Appeal asking the court to declare that his term as Vice President was still running and that the President had no power to declare the office vacant. On 20 February 2007 the Court of Appeal granted his claim in part and dismissed the Attorney-General's counter-claim. On 20 April 2007 a seven-justice Supreme Court panel unanimously dismissed the Attorney-General's appeal. The published headnote notes that removing a Vice President is a matter for the National Assembly, not the courts. It also records a statement by Akintan JSC that the Vice President was 'required to first resign' before joining another party. The Court of Appeal's decision in his favour stood.

Atiku and the Action Congress (AC) filed an originating summons at the Federal High Court, Abuja. They asked the court to declare that INEC could not screen out or disqualify candidates. INEC had excluded Atiku on the basis of a government administrative panel's indictment. The trial court ruled in March 2007 that INEC had no power to disqualify candidates. On 3 April 2007 the Court of Appeal allowed INEC's appeal. On 16 April 2007 the Supreme Court announced its judgment allowing Atiku's appeal: INEC had no power to disqualify a candidate sponsored by a political party. Written reasons followed on 28 June 2007. Atiku contested the 21 April 2007 presidential election.

The Senate formed an ad hoc committee in February 2007 after President Obasanjo sent it the EFCC and panel reports. Atiku made a presentation to the committee. According to the BBC's report of 27 February 2007, the committee found that the Vice President 'abused his office by aiding and abetting the diversion of public funds in the sum of $145million' as loans to his friends, and called for him to be 'sanctioned'. It also found that President Obasanjo and the FEC had 'acted in disregard of the law' in approving $27m of PTDF spending. The US Senate PSI later found 'no evidence' that the full Senate imposed any sanction. No impeachment took place.

Atiku, his running mate Ben Obi and the Action Congress petitioned against the declaration of Umaru Musa Yar'Adua as winner of the 21 April 2007 presidential election. Their main ground was that Atiku had been unlawfully excluded; in the alternative they alleged corrupt practices and non-compliance with the Electoral Act. On 25 January 2008, in consolidated interlocutory appeals, the Supreme Court held that the tribunal should have allowed interrogatories to the INEC chairman. On 26 February 2008 the Court of Appeal tribunal dismissed the petition, which had been consolidated with Muhammadu Buhari's. On 12 December 2008 the Supreme Court (SC.72/2008) dismissed Atiku's appeal by majority, holding that he had not been excluded because he took part in the election. Oguntade JSC dissented and would have annulled the election.

The bipartisan staff report and hearing (4 February 2010) examined how politically exposed persons moved funds into the US. It found that from 2000 to 2008 Jennifer Douglas, a US citizen and Atiku's fourth wife, 'helped her husband bring over $40 million in suspect funds into the United States' through wire transfers from offshore corporations. Nearly $25 million went into more than 30 US accounts she opened, mainly from Guernsey Trust Company Nigeria Ltd., LetsGo Ltd. Inc. and Sima Holding Ltd. About $14 million went from offshore corporations to American University for consulting on a Nigerian university Atiku founded. The report noted the SEC's 2008 allegation that Douglas received over $2 million in Siemens bribe payments, and said it located three wire transfers totalling $1.7 million from Siemens to her in 2001-2002. It recorded that Douglas denies wrongdoing and that Atiku declined to be interviewed. The report's recommendations concerned US banks and professionals. It made no criminal finding against Atiku, and no US charges against him followed.

Atiku and the PDP petitioned against President Buhari's re-election. They relied among other things on data they said came from INEC's server, and on Buhari's qualifications. On 11 September 2019 the five-member tribunal led by Justice Mohammed Garba dismissed the petition in its entirety. On 30 October 2019 the Supreme Court, led by Chief Justice Tanko Muhammad, unanimously dismissed the appeal as lacking merit and reserved its reasons. The reasons were read by Justice Inyang Okoro on 15 November 2019.

Atiku and the PDP petitioned against the declaration of Bola Tinubu as winner of the 25 February 2023 presidential election. On 6 September 2023 the five-member Presidential Election Petition Court, led by Justice Haruna Tsammani, dismissed the petition together with the Obi and APM petitions. On 26 October 2023 the seven-member Supreme Court panel, led by Justice John Inyang Okoro, unanimously dismissed Atiku's appeal and affirmed the lower court. Atiku asked the Supreme Court for leave to adduce fresh evidence: Chicago State University records and a deposition obtained through the US discovery case. He alleged these showed that the diploma Tinubu presented to INEC was forged. The Court heard the motion with the appeal on 23 October 2023 and refused it on 26 October 2023. It held that the 180-day window for the election petition had expired and that the Court could not do what the trial court was no longer constitutionally permitted to do. It also held that forgery was not pleaded in the appeal. The Court made no finding on whether the document was authentic.

Atiku, through counsel Angela Liu, filed a petition in Illinois state court seeking Tinubu's academic records from Chicago State University. He withdrew the subpoena before the hearing. On 31 July 2023 Judge Patrick Heneghan dismissed the case without prejudice. Two days later, on 2 August 2023, Atiku brought a federal application under 28 U.S.C. §1782 instead (see 'csu-1782-ndill-2023'). Atiku applied under 28 U.S.C. §1782 for documents and a Rule 30(b)(6) deposition from Chicago State University (CSU), for use in his Nigerian election appeal. Bola Tinubu was granted leave to intervene, unopposed, and opposed the application. On 19 September 2023 Magistrate Judge Gilbert granted it. Judge Maldonado stayed the deadlines while Tinubu's objections were briefed. On 30 September 2023 she overruled the objections, adopted the magistrate's decision in full, and entered judgment for Atiku. She stated that the court expressed 'no view on the merits' of Atiku's claims about Tinubu, his graduation from CSU, or the Nigerian election. Production was ordered by noon on 2 October 2023 and the deposition by 3 October 2023. The court warned it would deny any stay request and noted Tinubu was free to seek one from the Seventh Circuit. No Seventh Circuit appeal was found.

In 2006 the EFCC produced a special audit/forensic report on the PTDF covering 1999 to 31 May 2006. Per Premium Times, it said Atiku approved the release of $20 million from the treasury and its placement in Trans International Bank without appropriation or Federal Executive Council (FEC) approval, which it called improper and an abuse of office. It also said Atiku benefited from a related account to the tune of N61 million and that his Marine Float company received N250 million. The US Senate PSI staff report summarised the EFCC report as finding that he used his influence over the PTDF to disburse money to promote business ventures for himself and his friends. The FEC considered the report in September 2006, and an Administrative Panel under the Attorney-General examined it. Per Premium Times, the panel found he abused his office over the placement of PTDF funds and, because of his immunity, recommended referral to the Code of Conduct Bureau. The government then filed a Code of Conduct Tribunal charge, which the courts halted on immunity grounds (see case 'cct-charge-2006'). INEC relied on the panel's indictment to exclude him from the 2007 ballot, but the Supreme Court held that INEC had no power to do so. Atiku denied the allegations and called the process politically motivated. No trial or conviction followed.

Rotimi Amaechi filed a pre-election suit to nullify the 25 May 2026 ADC presidential primary that produced Atiku as the party's candidate, to stop Atiku presenting himself as the candidate, and to order a fresh primary. The suit was struck out after Amaechi's counsel, Jibrin Okutepa SAN, told the court the parties had settled and a notice of discontinuance had been filed. Leadership (via allAfrica) links the settlement to Atiku choosing Amaechi as his running mate. The court made no ruling on the merits.