The NDLEA wants the suit should be struck out because it was “political in nature”, and was not in the interest of Nigerians.
The Peoples Democratic Party (PDP) recently filed a suit against President-elect Bola Tinubu.
In the suit filed by the PDP and a chieftain of the party, Senator Dino Melaye, the duo sought an order of mandamus to compel the anti-narcotics agency to arrest and prosecute Tinubu.
This is over the alleged forfeiture of some money in his bank accounts in the United States over two decades ago.
However, the National Drug Law Enforcement Agency (NDLEA) has asked the Federal High Court, Abuja, to dismiss the suit.
Incompetent Application
In a preliminary objection, the director of prosecution of the NDLEA, Joseph Sunday, said the application by the PDP and Melaye was “incompetent”.
Furthermore, he says the court lacked the jurisdiction to entertain it.
According to the NDLEA, the suit should be struck out because it was “political in nature”, and was not in the interest of Nigerians.
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Rather, Sunday said, it was targeted at removing Tinubu as the bonafide winner of the February 25, 2023, presidential election.
The agency described an order of mandamus as an equitable remedy that 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 objection reads.
Furthermore, a litigation officer attached to the NDLEA directorate of prosecution, Chia Depunn, says that the NDLEA has a “healthy” relationship with the US government.
He affirms that Tinubu’s name has never come up in any drug-related exchanges between the two countries.
He adds that Tinubu’s name “has 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 offences”.
Therefore, the NDLEA said the application by the PDP was “dead and legally unsustainable”, urging the court to dismiss it with substantial cost.
