The National Drug Law Enforcement Agency (NDLEA) has asked a
federal high court in Abuja to dismiss a suit filed by the Peoples Democratic
Party (PDP) against President-elect Bola Tinubu.
The PDP and Dino Melaye, a chieftain of the party, had 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, 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.
‘LEGALLY UNSUSTAINABLE’ APPLICATION
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 drug 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.
He said 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”.
“That this suit as presently constituted does not confer the
court with jurisdiction. That the 1st Applicant does not have Locus Standi to
institute this suit as it does not possess interest peculiar to it and above
the interests of all other Nigerians,” the affidavit reads.
“That the suit is baseless, frivolous and brought in bad
faith with the sole aim of achieving a political objective using the
instrumentality of the court process. That the facts and circumstances of the
case require the court to apply the doctrine of judicial self-restraint.
“That the Order of Mandamus must be applied in good faith to
promote the public interest. That the Order of Mandamus should not produce an
indirect or underlying result.
“That the suit was not a criminal indictment or charge. That
the standard of proof in civil forfeiture is based on the balance of
probabilities. That the standard of proof in a criminal indictment, charges and
proceedings is proof beyond a reasonable doubt. That the burden of proof in
criminal procedure is much higher than that of civil procedure.”
The NDLEA said the application by the PDP is “dead and
legally unsustainable”, adding that the court should “dismiss this suit with
substantial cost”.
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