The National Drug Law Enforcement Agency, NDLEA, has filed a preliminary objection to a suit instituted by the Peoples Democratic Party, PDP and a chieftain of the opposition party, Senator Dino Melaye seeking an order of mandamus to compel the anti-narcotics agency to arrest and prosecute the President-Elect, Asiwaju Bola Ahmed Tinubu over alleged forfeiture of some funds in his bank accounts over two decades ago in the United States.
In a preliminary objection filed on Wednesday, Joseph Sunday, director of prosecution of the NDLEA, said the application by the PDP and Melaye is “incompetent” and that the court lacks the jurisdiction to entertain it.
The anti-narcotics agency said the suit by the opposition party should be struck out because it is “political in nature”, adding that it is not in the interest of Nigerians.
The NDLEA said the suit was targeted at removing Tinubu as a bonafide candidate in the February 25 presidential election. The agency argued that an order of mandamus is an equitable remedy and should only be applied 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,” the suit reads. In an affidavit supporting the preliminary objection, Chia Depunn, a litigation officer attached to the NDLEA directorate of prosecution, said the agency has a “healthy relationship” with the US government, and that Tinubu’s name has “never featured in the exchanges” in a dr¥g case between the two countries.
“The NDLEA has a healthy relationship with the government of the United States of America, the name of Asiwaju Bola Ahmed Tinubu by whatever acronyms or combination of names has never featured in the exchanges we had with the United States of America,” he said. (Cont’d on next slide)
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