NDLEA: Why we can’t arrest and prosecute Tinubu

The National Drug Law Enforcement Agency (NDLEA) has filed a preliminary objection to a lawsuit instituted by the Peoples Democratic Party (PDP)and a chieftain of the opposition party, Senator Dino Melaye, seeking an order of mandamus to force the anti-drug agency to arrest and prosecute President-elect, Asiwaju Bola Ahmed Tinubu, over alleged forfeiture of some funds in his United States bank accounts over two decades ago.

According to Vanguard, the NDLEA in its notice of preliminary objection signed and filed at the Federal High Court in Abuja on Wednesday April 26, by its Director of Prosecution and Legal Services, Joseph Nbona Sunday, argued that the application by the PDP, which is the 1st applicant, with Melaye as 2nd, is incompetent and added that the court lacks the jurisdiction to entertain it, as such, it should be struck out.

While 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.”

The agency added that the investigation and prosecution of Tinubu were aimed at removing him as a bona-fide candidate in the February 25, 2023, presidential election.

The agency said: “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.”

While noting that the foundation of the application by the PDP was the proceeding of the US District Court of the Northern District of Illinois Eastern Division in the US, NDLEA said “the judgment in the said proceeding was given with prejudice”, adding that “the said proceedings and judgment have no judicial value”, and as such “the supposed cause of action of this suit as constituted is baseless and legally unsustainable.”

In a sworn affidavit to support the NDLEA’s preliminary objection, a litigation officer attached to its Directorate of Prosecution and Legal Services, Chia Cosmas Depunn, said that as an independent agency of government saddled with the responsibility of investigating, arresting and prosecuting persons involved in drug trafficking and other related offences in Nigeria, the agency maintains a healthy relationship with the government of the United States. He said 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.”