The National Drug Law Enforcement Agency (NDLEA) has requested a federal high court in Abuja to dismiss a suit filed by the Peoples Democratic Party (PDP) and Dino Melaye, a chieftain of the party, against President-elect Bola Tinubu. The PDP and Melaye filed an order of mandamus to compel the NDLEA to arrest and prosecute Tinubu over an alleged forfeiture of funds relating to narcotics trafficking in the US.
In a preliminary objection filed on Wednesday, the NDLEA’s director of prosecution, Joseph Sunday, argued that the application by the PDP and Melaye was “incompetent”, and that the court lacked the jurisdiction to entertain it. The anti-narcotics agency said that 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 further stated that the suit was targeted at removing Tinubu as a bonafide candidate in the February 25 presidential election. The agency also 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.
Chia Depunn, a litigation officer attached to the NDLEA directorate of prosecution, said in an affidavit supporting the preliminary objection that the agency has a “healthy relationship” with the US government and that Tinubu’s name has “never featured in the exchanges” in a drug case between the two countries. He further said that the name of Tinubu “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”.
The NDLEA described the application by the PDP as “dead and legally unsustainable,” and requested that the court “dismiss this suit with substantial cost”.
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