Tinubu’s $460k forfeiture In US Unrelated to Criminal Charges – NDLEA

On Wednesday, April 26, 2023, the National Drug Law Enforcement Agency (NDLEA) filed a preliminary objection to a suit instituted by the People’s Democratic Party (PDP) and a chieftain of the opposition party, Senator Dino Melaye.

The suit seeks an order of mandamus to compel the anti-narcotics agency to arrest and prosecute the President-Elect, Asiwaju Bola Ahmed Tinubu, over the alleged forfeiture of some funds in his bank accounts over two decades ago in the United States.

The NDLEA submitted that the application by the PDP and Melaye is incompetent, adding that the court lacks the jurisdiction to entertain it and, as such, should be struck out.

Background

Tinubu is a Nigerian politician and the leader of the All Progressives Congress (APC). He was also a former governor of Lagos State and is considered a strong political force in Nigeria. On January 17, 2023, the PDP and Melaye filed a suit at the Federal High Court in Abuja seeking an order of mandamus to compel the NDLEA to investigate and prosecute Tinubu over alleged drug-related offenses. The suit was premised on the proceedings of the US District Court for the Northern District of Illinois, Eastern Division, where Tinubu’s bank accounts were allegedly forfeited over two decades ago.

NDLEA’s Preliminary Objection

The NDLEA submitted that both 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; the only underlying specific interest of the first applicant then becomes political in nature.” The agency argued that “an order of mandamus is an equitable remedy and should only be applied for 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 coloration or matters aimed at getting direct or indirect political goals.”

NDLEA’s Grounds for Objection

The NDLEA’s objection was based on the following grounds:

PDP and Dino Melaye lack locus standi.

The NDLEA submitted that the PDP and Dino Melaye lack locus standi to institute the suit as they do not possess interests peculiar to them and above the interests of all other Nigerians.

Tinubu’s investigation and prosecution are political.

The NDLEA argued that the investigation and prosecution of Tinubu were targeted at removing him as a bona fide candidate in the February 25, 2023, presidential election. The agency further submitted that the interest of the PDP in the matter is political in nature.

Mandamus is an equitable remedy.

The NDLEA argued that an Order of Mandamus is an equitable remedy that should be applied in good faith and should not produce an indirect or underlying result.

The court should apply the doctrine of judicial self-restraint.

The NDLEA submitted that the doctrine of judicial self-restraint precludes the court from delving into matters with political coloration or matters aimed at achieving direct or indirect political goals.

The US District Court’s judgment has no judicial value.

The NDLEA further argued that “the supposed cause of action of this suit as constituted is baseless and legally unsustainable.” The NDLEA claimed that the judgment in the said proceeding was given “with prejudice,” and as such, the said proceedings and judgment have no judicial value. The NDLEA argued that the supposed cause of action of the suit is baseless and legally unsustainable.

Tinubu has no criminal record in Nigeria or the US.

The NDLEA claimed that as an independent government agency saddled with the responsibility to investigate, arrest, and prosecute persons involved in drug trafficking and other related offenses in Nigeria, 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.” The NDLEA further claimed 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 offenses.

Lack of complaints, information, and intelligence on Tinubu

The NDLEA claimed that both PDP and Melaye have never, for once since the establishment of the agency in 1990, made or forwarded any complaint, information, or intelligence on Tinubu or any other person in Nigeria or outside the country relating to illicit activities on drug matters until January 17th, 2023.

FAQs

1. What is the suit filed by the PDP and Melaye against the NDLEA about?

• The suit seeks an order of mandamus to compel the NDLEA to investigate and prosecute Tinubu over alleged drug-related offenses.

2. What is the NDLEA’s position on the suit filed by the PDP and Melaye?

• The NDLEA has filed a preliminary objection to the suit, claiming that the application by the PDP and Melaye is incompetent, and the court lacks the jurisdiction to entertain it.

3. What are the grounds for the NDLEA’s objection?

• The NDLEA’s objection is based on the grounds that the PDP and Melaye lack locus standi, Tinubu’s investigation and prosecution is political, an Order of Mandamus is an equitable remedy, the court should apply the Doctrine of Judicial Self-restraint, and the US District Court’s judgment has no judicial value.

4. Does Tinubu have a criminal record in Nigeria or the US?

• According to the NDLEA, Tinubu has no criminal record in Nigeria or the US.

5. Has the PDP or Melaye forwarded any complaints, information, or intelligence on Tinubu or any other person in Nigeria or outside the country relating to illicit activities on drug matters before January 17th, 2023?

• No, according to the NDLEA. Both PDP and Melaye have never for once.