The National Drug Law Enforcement Agency (NDLEA) has submitted a preliminary objection to a lawsuit brought by the Peoples Democratic Party (PDP) and Senator Dino Melaye, a member of the opposition party. The PDP and Melaye had sought an order of mandamus compelling the NDLEA to arrest and prosecute Asiwaju Bola Ahmed Tinubu, the president-elect, over allegations of the forfeiture of funds from his bank accounts over two decades ago in the United States.
The NDLEA filed its notice of preliminary objection at the Federal High Court in Abuja on Wednesday, through its Director of Prosecution and Legal Services, Joseph Nbona Sunday. The agency argued that the application by the PDP and Melaye was incompetent and that the court lacked jurisdiction to entertain it, and thus should be struck out.
The NDLEA listed its grounds for objection, stating that both the PDP and Dino Melaye “do not have a locus standi” and “do not possess an interest peculiar to them and above the interests of all other Nigerians.” The agency argued 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 also noted that the order of mandamus is an equitable remedy that should only be applied for in good faith and should not produce an indirect or underlying result. It further argued 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 NDLEA pointed out that the foundation of the PDP’s application was the proceeding of the US District Court of the Northern District of Illinois Eastern Division in the US. However, it stated that the judgment in the said proceeding was given with prejudice, and the said proceedings and judgment have no judicial value. As such, the supposed cause of action of this suit as constituted is baseless and legally unsustainable.
In a sworn affidavit in support of the NDLEA’s preliminary objection, a litigation officer attached to its Directorate of Prosecution and Legal Services, Chia Cosmas Depunn, said that the agency, as an independent government agency, has a healthy relationship with the United States government. He added that the name of Tinubu, “by whatever acronyms or combination of names has never featured in the exchanges we had with the United States of America.”
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