The Peoples Democratic Party, PDP, and senator dino Melaye, a senior member of the opposition party, filed a lawsuit in which they sought a mandamus order compelling the anti-drug agency to detain and prosecute President-elect Asiwaju Bola Ahmed Tinubu over an alleged forfeiture of funds in his bank accounts in the United States over 20 years ago.
According to Vanguard, the NDLEA argued in its notice of preliminary objection signed and submitted at the Federal High Court in Abuja on Wednesday, April 26, that the application by the PDP, which is the first applicant, with Melaye as the second, is incompetent and that the court lacks the authority to consider it as such, and as such, should be dismissed.
The NDLEA listed its reasons for objecting, claiming that the PDP and Dino Melaye “do not have a locus standi, they do not possess an interest peculiar to them and above the interests of all other Nigerians,” and that Tinubu's investigation and prosecution were intended to disqualify him from running as a legitimate candidate in the February 25, 2023, presidential election.
the organization said;
“Orders of mandamus are equitable remedies that should only be requested in good faith and should not have any unintended side effects. This Honorable Court is prohibited from looking into issues with a political slant or issues intended to achieve direct or indirect political objectives under the Doctrine of Judicial Self-Restraint.
Although the US District Court for the Northern District of Illinois Eastern Division's proceeding served as the basis for the PDP application, it was noted that the judgment in that proceeding was given with prejudice, adding that “the said proceedings and judgment have no judicial value” and that, as a result, “the supposed cause of action of this suit as constituted is baseless and legally unsustainable.”
A litigation officer with the Directorate of Prosecution and Legal Services, Chia Cosmas Depunn, swore an affidavit under oath in support of the NDLEA's preliminary objection, claiming that as an independent government body tasked with the task of investigating, apprehending, and prosecuting individuals engaged in drug trafficking and other related offenses in Nigeria, the agency has a positive working relationship with the American government.
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Source: Vimbuzz.com
