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The NDLEA has filed a preliminary objection to a suit brought by the PDP and Senator Dino Melaye, seeking to compel the agency to arrest and prosecute Asiwaju Bola Ahmed Tinubu over alleged forfeiture of funds in his bank accounts in the US over two decades ago.
The NDLEA argues that the application is incompetent and lacks jurisdiction, and that the PDP and Melaye do not have a unique interest in the matter.
The agency also states that the investigation and prosecution of Tinubu are politically motivated and aimed at removing him as a candidate in the 2023 presidential election.
Listing its grounds for the objection, the NDLEA said both PDP and Dino Melaye “do not have a locus standi, they do not possess an interest peculiar to them and above the interests of all other Nigerians, adding that the investigation and prosecution of Tinubu were targeted at removing him as a bona-fide candidate in the February 25, 2023, presidential election.
The agency argued: “Order of mandamus is an equitable remedy and should only be applied for in good faith and should not produce an indirect or underlying result. The Doctrine of Judicial Self-restraint precludes this Honourable Court from delving into matters with political colouration or matters aimed at getting direct or indirect political goals.”
NDLEA notes that the foundation of the PDP’s application is a US court judgment that has no judicial value, and that Tinubu’s name has never featured in the agency’s exchanges with the US government.
The agency argues that the court should not delve into matters with political coloration or aimed at achieving political goals.
