PDP’s writ of mandamus, the court lacked the jurisdiction to entertain it. — NDLEA
The National Drug Law Enforcement Agency (NDLEA) has objected to a suit instituted by the Peoples Democratic Party (PDP) and a party chieftain, Dino Melaye, against Nigeria’s 2023 president-elect, Bola Tinubu.
According to reports, Dino Melaye and the PDP are seeking a writ of mandamus to compel the NDLEA to arrest and prosecute Bola Tinubu over the alleged forfeiture of some funds in his bank accounts in the United States over two decades ago.
NDLEA, in its notice of preliminary objection signed and filed at the Federal High Court in Abuja on Wednesday, April 26, 2023, by its Director of Prosecution and Legal Services, Joseph Sunday, submitted that the application by the PDP and Melaye, as first and second applicants, was incompetent and however, annulled.
NDLEA however, claimed neither The Political party, PDP nor Dino Melaye had the legal right to institute such suit.
According to the NDLEA, the investigation and prosecution of Tinubu were targeted at removing him as a bona fide candidate in the presidential election, as the opposing party thinks that Tinubu isn’t suitable to contest for presidency let alone be the president-elect.
The agency argued that an order of mandamus was an equitable remedy and should only be applied in good faith, and should not produce an indirect or underlying result.
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, said that as an independent agency of government saddled with the responsibility to investigate, arrest and prosecute persons involved in drug trafficking and other related offenses in Nigeria, the NDLEA had a healthy relationship with the government of the United States of America.
It stated further that the name of Bola Tinubu “by whatever acronyms or combination of names” had never featured in the exchanges it had with the US.
Depunn further claimed that the name of Tinubu had also 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.
The anti-narcotics agency added that the court lacked the jurisdiction to entertain it and, as such, should be struck out.
By Rejoice Ekem
