Listing its grounds for the objection, the NDLEA said both PDP and 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 1st applicant then becomes political in nature,” adding that the investigation and prosecution of Tinubu were targeted at removing him as a bonafide candidate in the February 25, 2023, presidential election.
While noting that the foundation of the PDP’s application was the proceeding of the US District Court of the Northern District of Illinois Eastern Division in the US, “the judgment in the said proceeding was given “with prejudice”, adding that “the said proceedings and judgment have no judicial value”, and as such “the supposed cause of action of this suit as constituted is baseless and legally unsustainable.”
In an affidavit in support of the agency’s preliminary objection, a litigation officer attached to its Directorate of Prosecution and Legal Services, Chia Cosmas Depunn said as an independent agency of government saddled with the responsibility to investigate, arrest and prosecute persons involved in drug trafficking and other related offences in Nigeria, the NDLEA has a healthy relationship with the government of the United States of America, the name of Tinubu “by whatever acronyms or combination of names has never featured in the exchanges we had with the United States of America.”
He 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 offences.
While noting that though NDLEA relies on intelligence and information from foreign and domestic partners as well as public-spirited individuals, both PDP and Melaye have never for once since the establishment of the Agency in 1990 made or forwarded any complaint, information, and/or intelligence on Tinubu or any other person in Nigeria or outside the country relating to illicit activities on drug matters until 17th January 2023.
The litigation officer in the sworn affidavit among others, also made the following submissions:
“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.
“That the only peculiar interest of the 1st applicant is to get rid of the 6th respondent as a candidate of a rival political party. The interest of the 1st applicant is political.
