NDLEA Raises Objection to PDP's Suit Seeking Arrest and Prosecution of Tinubu over US Bank Account Funds Forfeiture Allegation

 

The National Drug Law Enforcement Agency (NDLEA) has submitted a preliminary objection to a lawsuit filed by the People's Democratic Party (PDP) and Senator Dino Melaye seeking a court order to compel the agency to arrest and prosecute President-elect, Asiwaju Bola Ahmed Tinubu, over alleged funds forfeiture in his bank accounts in the United States over two decades ago. NDLEA argues that the application by the PDP and Melaye lacks competence and jurisdiction, and as such, should be struck out.

NDLEA lists several grounds for the objection, including that the PDP and Melaye lack locus standi and possess no interest above that of other Nigerians. Additionally, the agency argues that the investigation and prosecution of Tinubu is politically motivated, aimed at removing him as a bona-fide candidate in the February 25th, 2023 presidential election. NDLEA further contends that the application for an order of mandamus is an equitable remedy that should only be applied for in good faith, and not to achieve direct or indirect political goals. The agency also notes that the foundation of the PDP's application was a proceeding of the US District Court, which has no judicial value.

A litigation officer attached to NDLEA's Directorate of Prosecution and Legal Services, Chia Cosmas Depunn, in a sworn affidavit, supports the agency's position, stating that Tinubu's name has never featured in the agency's exchanges with the United States, and he has not been arrested, investigated, or prosecuted by NDLEA for drug-related offences. The litigation officer also notes that neither the PDP nor Melaye has forwarded any complaint, information, or intelligence on Tinubu or any other person relating to drug-related activities until January 17, 2023.

The litigation officer further argues that the present suit does not confer jurisdiction on the court, and the PDP lacks locus standi to institute the suit, as it possesses no interest peculiar to it and above the interests of all other Nigerians. The officer asserts that the only interest of the PDP is to remove Tinubu as a candidate of a rival political party and that NDLEA is an independent government agency with no political colouration or affiliation. Finally, the officer contends that the court has a duty to insulate NDLEA from political controversies.

In summary, NDLEA has raised valid legal objections to the PDP and Melaye's application, arguing that it lacks jurisdiction and competence, and is politically motivated. The agency has also demonstrated that it has no evidence or intelligence linking Tinubu to drug-related offences.