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The National Drug Law Enforcement Agency (NDLEA) has filed a preliminary objection to a lawsuit filed by the Peoples Democratic Party (PDP) and one of its members, Dino Melaye, against President-elect Bola Tinubu.
The suit seeks an order of mandamus compelling the anti-narcotics agency to arrest and prosecute Tinubu over alleged funds forfeiture in his US bank accounts over two decades ago.
The NDLEA’s notice of preliminary objection, filed at the Federal High Court in Abuja on April 26, 2023, argues that the PDP and Melaye’s application is incompetent and that the court lacks jurisdiction to hear it.
The agency claims that neither the PDP nor Dino Melaye has the legal right to institute the suit.
The NDLEA’s grounds for objection include the assertion that the PDP’s underlying specific interest in the suit is political in nature.
The agency argues that the investigation and prosecution of Tinubu are aimed at removing him as a bona fide candidate in the presidential election.
As such, the NDLEA contends that the court should strike out the application.
The agency maintains that an order of mandamus is an equitable remedy that should only be applied in good faith and should not produce an indirect or underlying result.
The NDLEA further argues that the doctrine of judicial self-restraint precludes the court from delving into matters with political coloration or matters aimed at getting direct or indirect political goals.
The PDP’s application is founded on the proceeding of the US District Court of the Northern District of Illinois Eastern Division.
However, the NDLEA asserts that the judgment in the said proceeding was given “with prejudice.”
Therefore, the agency contends that the said proceedings and judgment have no judicial value, and the supposed cause of action of this suit is baseless and legally unsustainable.
In an affidavit in support of the agency’s preliminary objection, a litigation officer attached to its Directorate of Prosecution and Legal Services, Chia Depunn, claims that the NDLEA has a healthy relationship with the United States government.
Depunn asserts that the name of Bola Tinubu, “by whatever acronyms or combination of names,” has never featured in the exchanges it has had with the US.
Depunn also claims that the name of Tinubu has not featured in the radar and database of the agency as a person arrested, investigated, or prosecuted in connection with drug or other related offenses.
While the NDLEA relies on intelligence and information from foreign and domestic partners, as well as public-spirited individuals, the PDP and Melaye had never made any complaint on Tinubu relating to illicit activities on drug matters until January 17, 2023.
This article was updated 2 months ago
